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Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice. The brief facts are at para 1 of the Court of...
Being constitutionally unable to resist the temptation to indulge in a spot of lèse majesté, Nearly Legal is pleased to be able to threaten Her Majesty with a spell on the naughty step. Not for being a hereditary monarch - that is a little outside our remit...
Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) This case is a vivid illustration of the difficulties of challenging a Local Authority's apparent homelessness gatekeeping practices, or alternatively, if you are a Local...
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley's claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit...
We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a similar...
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009. This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of...
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here). The question was whether: (a) children of EU citizens who have installed themselves in a member state during the exercise...
We at NL try to keep up with the cutting edge of human rights law, even when it is a little uncomfortable. But hitherto undreamt of vistas of potential challenges opened up when we read this account of the complaint of Count Alfons Mensdorff-Pouilly, of...
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 This is the Supreme Court judgment on the appeal from the Court of Appeal of what was then called Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228 [our report here]. At issue was whether...
Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder. There were...
Draycott & Draycott -v- Hannells Letting Limited [2010] EWHC 217 (QB) This is the first High Court judgment on the tenancy deposit scheme element of the Housing Act 2004 and thus the first that is binding on all lower (County) Courts. This is therefore a...
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing...