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...
New evidence of disrepair – Ladd v Marshall revisited
Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere] Perhaps apropos of J's recent comments on RSLs 'fighting daft disrepair cases', we have an update on what was a...
Relying on advice on the LHA
Ombudsman's Decision: Complaint against Newham LB [2010] Complaint no 09 003 325 9 November 2010 Hat-tip to the Garden Court bulletin for this one. Miss Thornton (pseudonym) was in temporary accommodation provided by Newham LBC pursuant to the full housing...
Private Sector Accommodation and Part 7
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of Westminster's...
X & Y v UK?
Thanks to Chief and with particular thanks to the UK Human Rights blog, we now know that the claimants in X&Y v Hounslow have gone to the European Court of Human Rights. As you will recall, this was the desperately sad case which, at first instance,...