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A report of a County Court mortgage possession case has reached us, in which the secured lender's behaviour resulted in a finding of abuse of process. The question was when (an if) an arrears payment had been received. Blemain Finance Ltd v Andrea Jayne...
Not sure how this one didn't make it on to the blog before... Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was that where a...
An unlawful eviction case with some unusual dramatis personae. Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere] Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from September 2007...
Solihull Metropolitan Borough Council v Hickin [2012] UKSC 39 We reported this case in the Court of Appeal here. Briefly Ms Hickin was the daughter of joint tenants of Solihull and had lived in the house since she was born. The father moved out some 9 years...
This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel] Ms B had...
Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold 'Housing and Public Law' blog about a settled Judicial Review that highlights this issue. The challenge...
Is the Occupiers' Liability Act 1957 still relevant in a landlord & tenant relationship, or not? Jasmine Alexander v (1) Freshwater Properties Limited (2) Christopher Place [2012] EWCA Civ 1048 This was an appeal, decided within a few days of Drysdale v...
This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited [2012] EWHC...
This is a little off topic, but it is an issue that would affect Nearly Legal and some of its readers. It is also an issue that affects legal blogging more generally. The Senior Presiding Judge and the Senior President of Tribunals have issued guidance on...
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy - contractual date v rent date. Our thanks to Legal Action's...
Courtesy of the Local Government Ombudsman and Shelter, we have joint and several occupants of the naughty step. Welcome to the Step to Kent County Council and Dover District Council. (I know that some of you read NL) The full and frankly shameful story is...
We don't usually do promotional stuff on the blog, but I thought we might make an exception in this case, because it involves free CPD and, well, me (and another from the NL team). I did a podcast for CPDCast on the introduction and operation of Flexible...