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Hat tip to Legal Action's Recent Developments in Housing Law for letting us know about this one. Westlea Housing Association v Price, Swindon County Court, 20 & 21 Jan 2011 An ASB possession case, successfully defended at least partly on the basis that...
We've heard of a couple of County Court proportionality defence decisions since Pinnock. but none in enough detail to report. One of those is, apparently, headed to appeal, so maybe more then. But we've now had sight of a full judgment in a County Court case...
Hat tip to Legal Action 'Recent Developments in Housing Law' for this one. Watford Community Housing Trust v Personal Representatives of Elizabeth Chalmers, Watford County Court 14 January 2011 This was a possession claim under Ground 9 Schedule 2 Housing...
The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner's library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded here.
Makisi & Ors v Birmingham City Council [2011] EWCA Civ 355 Does the right to make oral submissions to a review officer on a s.202 Housing Act 1996 review, following a 'minded to' letter, mean that the applicant has the right to insist on a meeting? This...
Nearly Legal was brought up with chickens (not by chickens - a vital distinction. No poultry played a parental role at all. Oh no). After decades, and not a little intensive therapy, the metaphorical, if not the literal, scars seemed to have faded. Immersed...
Feeling cheerful? Good, we'll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics....
Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies. The short answer is not a lot. He points to the 'exceptional case' provision and the presumption...
Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn't why we're writing...
I don't read the Daily Telegraph. Frankly I've failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of regret that...
...that if a disrepair claim reaches trial these days, then one of three options must be true: a) there is a genuine and substantive issue of causation or liability (rare as hens teeth); b) one or perhaps both of the parties are mad; c) a combination of the...
Carmarthenshire CC v Lewis [2010] EWCA Civ 1567 Another tug of the forelock to 'Recent developments in housing law' in Legal Action for this one, apparently unreported elsewhere. [Update 14/03/11 - we've had a message from Carmarthenshire on this case, see...