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R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [link is to a .doc] was discussed by us (via news reports in Inside Housing and on Radio 4) below. I asked for a transcript and, as if by magic, one was provided. I stand by my...
As you'll all know, there has - for some time now - been rumblings about judicial review claims where RSLs/local authorities have decided to replace resident wardens (in sheltered housing schemes) with non-resident wardens. It appears that, on Monday...
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Arden Chambers have announced (in one of their eflashes. No link yet) that the Supreme Court has given further reasons for the refusal of permission in the Weaver case. The full reasons, which are stated to replace those previously issued are: Permission to...
News reaches us here at NL of a decision of the High Court (Birmingham District Registry) by the name of Mehari, Kelly and JI v Birmingham City Council (9 and 10 November 2009) given by Hickenbottom J. Details are sketchy and, as ever, we'd be grateful for...
M v Burnley, Pendle & Rossendale Magistrates' Court [2009] EWHC 2874 (Admin) (on Lawtel only) The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the borough...
This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like. First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations...
Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138 Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132 You'd be forgiven for not having noticed any of this (long running) litigation over...
Southern Pacific Personal Loans Ltd v Walker [2009] EWCA Civ 1218 (although the neutral citation may change since there are two cases with number 1218) We noted this case when it was but a county court decision. The Court of Appeal decision is now available...
An Arden Chambers Eflash has just announced that the Supreme Court have refused permission to appeal in R (Weaver) v L&Q. We'll try and get a link to the order ASAP. In the meantime, our post on Weaver in the Court of Appeal is here.
Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community workers. The...
The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the...