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What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and stairs, or...
Well, there's an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is: Landlord and Tenant Act 1985 12 (1) Omit section 8(2) of the Landlord and Tenant Act...
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012 [We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and to GT...
And, like a sudden, startling and slightly embarrassing squeak from a vinyl sofa, flexible tenancies are here! London Borough of Barnet have announced, in a manner which suggests absolutely no political motivation behind the decision at all, the 'end of the...
May, R (on the application of) v Birmingham City Council [2012] EWHC 1399 (Admin) When can a Local Authority refuse to accept an application as homeless? This was a judicial review of Birmingham City Council's refusal to accept a homeless application by the...
The lovely, smiling Grant Shapps, Housing Minister, who clearly in no way whatsoever wants to distract attention from the recent kerfuffle over his alleged misleading of Parliament through dodgy use of statistics (hereafter Shapptistics), has announced the...
Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin) [Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing] This is by any measure an unusual case. It is a judicial review of the...
[Updated 12 June 2012] This is the second of a couple of naughty step posts on 'free legal information' on the UK internet. We were moving down through the hellish circles of 'free legal content', but as your reluctant Virgil, I must insist we jump a few...
This is the first of a two part Naughty Step I have, I'm afraid, become annoyed lately. Or to be more accurate, annoyance is a fairly constant state for me, but I have become specifically annoyed about a particular something lately. And it is even,...
Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) This is very late as a post. My excuse is that the judgment runs to well over 200 pages, it is very complex and, frankly, other stuff happened. This has sat as a part finished draft...
I suspect that many lawyers heave a heavy sigh at neighbour disputes. They seem to be fought with an intensity in inverse proportion to the scale of the problems. Throw in issues in construing lease covenants and enforceability by third parties and it is not...
This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson's view on JR costs, the Court of Appeal...