[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...
On the naughty step – Part 1: Geeks bearing gifts
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,...
Not smelling of roses
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...
Carpets, covenants and ‘the well-being of lawyers’
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...
Outside the Boxall
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...
Care needs, eligibility and human rights
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) This was a judicial review of RBK&C's refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment...
The Short March for access to justice
Alongside such luminaries as the Lord Chief Justice, The Master of the Rolls, The Presidents of The Law Society and ILEX and the Chairman of the Bar, a couple of the Nearly Legal team are taking part in the London Legal Walk on 21 May 2012. This is a 10...
Proportionality, Section 21 and starter tenancies
Another RSL 'starter tenancy' and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited - v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a...
Legal Aid Lawyer of the Year Nominations
The 2012 Legal Aid Lawyer of the Year nominations are open. In this difficult time for legal aid, what better than to celebrate the passion and commitment of those working in legal aid practice? Do you know someone or a practice whose work should be...
Doomed, Doomed I tell you.
As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302. This was a failed permission for second appeal to the Court of Appeal,...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service and...
Costs on settled appeals
A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter. The appeal was given...