It's a bit like one of those nights that just, you know, didn't work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive. The Government has released its response [link to PDF] to the Parliamentary...
Applying to set aside possession, or when is a trial not a trial?
Forcelux Ltd v Binnie [2009] EWCA Civ 854 This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is...
Thoroughly premature planning injunction…
Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated...
Lost by translation
Ali v Birmingham City Council [2009] EWCA Civ 1279 (Original note from an Arden Chambers eflash pdf). Mr Ali, who is Somalian, applied as homeless to Birmingham. At interview he was noted as speaking and understanding English. he was given a leaflet in a...
Long on principle, short on detail
S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin) Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs. This was a permission hearing on an application for judicial...
Unlawful Eviction Quantum – from Legal Action
Hunt v Hussain, Epsom County Court 31 July 2009 (LAG housing law updates October 2009) As ever, the Legal Action housing law updates have some useful cases, this from the October 2009 issue. This is another of the reports on County Court judgments on...
Limiting the right to buy (in Scotland)?
The SNP have announced that they intend to abolish the right to buy for all new build council and social housing in Scotland. The policy is intended to safeguard up to 18,000 social homes. Figures in England show a steep decline in interest in the right to...
Public funding on appeal
E, R (on the application of) v Governing Body of JFS & Anor [2009] UKSC 1 Our first Supreme Court report and it is a cracker. Not housing law, but legal aid funding is the issue, so those not interested in legal aid issues can look away now... The issue...
Penal Notices on Admin Court orders?
MSA v London Borough of Croydon [2009] EWHC 2474 (Admin) A technical point on judicial review cases here, but as it is something I've run up against in the past, I think it is interesting. Collins J considers whether a penal notice should be attached to an...
Accidental overpayments not recoverable
Child Poverty Action Group, R (on the application of) v Secretary of State for Work and Pensions [2009] EWCA Civ 1058 This is a benefits case rather than housing per se, but it concerns an important point which will affect many. An overpayment of social...
But everybody did it…
Serious Organised Crime Agency v Pelekanos [2009] EWHC 2307 (QB) Just a quick note to observe that this case - well off our usual patch - makes clear that a significant misrepresentation on a mortgage application that would be likely to induce the lender to...
How many weeks make 8?
Doncaster v Coventry City Council, First Tier Tribunal 032/09/00932, 5 October 2009. A copy of the decision is currently available here and a gloss here. This was an appeal of a review decision addressing at what point a tenant is in 8 weeks arrears for the...