While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise nuisance and...
Of Car Parks, Caravans and Councillor's commitments
The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099 This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of...
Way beyond the Naughty Step
Some private landlords treat tenants as a nuisance. A sitting tenant can get in the way of a quick deal or reduce the value of a property on which the landlord is hoping to make a quick buck. Thanos Papalexis found himself in this situation when Charalambos...
Not on its behalf…
S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal...
Email subscribers – a clarification or two
This is just a quick and slightly tetchy admin post, for the benefit of (some) of those who subscribe to Nearly Legal posts by email. Anyone else can look away now... I've had a few mails from people recently asking questions that made me realise that some...
Boolen clarified
R (Van Boolen) v London Borough of Barking & Dagenham [2009] EWHC 2196 (Admin) Last in our series of updates is Boolen v Barking & Dagenham. Again we only had a Lawtel note to go on in our previous report, which left us with some questions. Now we have...
Kathirkmanathan revisited
Circle 33 Housing Trust Limited v Kathirkmanathan [2009] EWCA Civ 921 We first reported on this case in July 2009, on the basis of a lawtel note, which was all that was available at the time. In this quiet time for new judgments, there are a few such cases...
Taxonomic revamp
As our archive has grown, I've tried a few ways to make it easier to find what people may be looking for. I brought in tags for posts, which should bring up other posts with similar issues (always assuming we've been consistent in the tags we use) and I've...
On the Naughty Step
Our non-lawyer/law student readers, or even non-barrister readers, might have to forgive us for this for this Naughty Step, but it was too good to resist, particularly for those of us - i.e. me - still newly qualified enough to harbour memories of their...
Here be dragons
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration. Wandsworth v Rashid...
Bits from August LAG 2: Unlawful Eviction damages
The August edition LAG housing updates also contain a couple of County Court unlawful eviction and harassment cases that are well worth noting, particularly on quantum. Abbas v Iqbal, Bow County Court 4 June 2009. Mr Abbas, who was elderly and in poor...
Illegal eviction and the police: Got a story?
Following on from the spate of comments on this post, we have been contacted by a (thoroughly reputable) journalist who would like to write a piece on illegal eviction and, in particular, on police responses and awareness. She is looking for first hand or...