For anyone who noticed that access suddenly appeared to be forbidden to the blog on the afternoon of Monday 17 January, my apologies. For once it was nothing to do with me - something (I know not what) had triggered something else on the server. One brief...
What’s yours is mine (in variable proportions)
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my...
Tenant’s relief from Mortgagee
GMAC RFC Ltd v Jones Lambeth County Court 15/11/2010 With thanks to the Legal Action Recent Developments in Housing Law - report in the January 2011 edition. This was a case on the operation of the Mortgage Repossessions (Protection of Tenants etc) Act 2010,...
Dear Mr Shapps
My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional...
Care and attention v keeping a watch over
SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin) A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as amended),...
Priority through dizziness?
Hussain v London Borough of Hounslow [2010] EW Misc 15 (CC) (01 December 2010) Not sure why this one wasn’t written up in November. I thought we’d covered it, but apparently not. It is worth a look not just on the specific issues but as the pre-amble sets...
Catching up with 2010 Part 1 – disrepair
Part 1 of cases - mainly county court - that we have missed or not heard of during 2010. With our grateful thanks to Beatrice Prevatt of Garden Court for bringing these to our notice in her disrepair update at the HLPA conference: Shazad v Khan. Birmingham...
Janus
To begin by looking backwards, the numbers for Nearly Legal in 2010 were: Posts: 281 (a post every 1.3 days on average) Average page views per day*: 613 Busiest day for page views: 1,737 (3 November) Average page views per month*: 19,995 Highest page views...
There’s no place like HMO
A brief trip to the Emerald City, or rather Reading, where the Borough Council may have established a record for a fine for breaches of The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Housing Act 2004 Section 11. An HMO at...
Adverse Possession: Articles 1, 6 and freedom of speech?
Agnes Ofulue v the United Kingdom Application no. 52512/09 ECtHR This admissibility hearing was the culmination of a long, long story. We reported the Court of Appeal judgment and the House of Lords judgments. The very abbreviated history was that in 2005,...
Unwanted Gifts
Keeping the seasonal theme, we are having a bit of a problem with unwanted gifts, specifically automated spam comments. For the last few days - and ongoing - there has been a particularly heavy flood of them. We usually get about 200 a day, but that has gone...
No recovery of accidental overpayments
The Child Poverty Action Group v Secretary of State for Work and Pensions [2010] UKSC 54 Just a quick note to confirm that the Supreme Court has unanimously upheld the Court of Appeal decision (reported here) that the Secretary of State cannot use common law...