Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date of...
Accommodation pending review: Mohammed in action
R (Gebremarium) v City of Westminster [2009] EWHC 2254 (Admin) Thanks to the Garden Court housing bulletin for pointing to this one. We had to look around as the judgment is not yet available anywhere except casetrack. This was the permission hearing of an...
The lost, confused and angry*
* as one of our commentors put it. As the sumer hiatus grinds on (summer- ha!) and we sit on the beach awaiting the return of the intermittent flood tides of housing cases, I was prompted by M's comment to delve through the rock pools of our search logs for...
Request for info: Powell v Hounslow
We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession proceedings. We...
Unwelcome in the valleys
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...