While we wait for the Court of Appeal judgment in Weaver v London & Quadrant - the case was heard in the last week of February, I believe - we have a judgment along the way, specifically on Weaver's application for a protected costs order (PCO). It is...
Judicial Review costs
Mendes & Anor v Southwark LBC (2009) CA (Civ Div) 24/03/09 [not on Bailii], is a useful case for those representing JR claimants. The report is on Lawtel. Southwark had made an erroneous decision on Mr Mendes' eligibility for housing assistance under Part...
The end of tolerated trespassers delayed a bit.
News just in - the government has announced that the date for the implementation of s.299 H&R Act 2008 - which brings in 'replacement' tenancies has been delayed from 6 April 2009, when we thought it was going to happen, to 'early May'. This is apparently so...
Carry me out feet first
Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable...
Appealing reasonableness decisions
This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on. Bracknell Forest Borough Council v Harry Green & Denise Green...
Without Prejudice acknowledgment of title?
Ofulue v Bossert [2009] UKHL 16 was an adverse possession case - we commented on the Court of Appeal hearing here, and that post gives the background. There was an appeal to the House of Lords which was primarily concerned with the limitation period of...
The Irish Doherty?
This is well outside our usual beat, not to say our jurisdiction, but in an interesting case, the Irish High Court in Dublin City Council v Gallagherr [2008] IEHC 354 has found, for a second time, that summary possession proceedings, infringed Art. 8 rights...
The difference in Doherty?
A Court of Appeal judgment expressly dealing with a post Doherty public law defence to termination of licence by Notice to Quit was handed down today. Doran v Liverpool City Council [2009] EWCA Civ 146 concerned a possession claim for a plot on a local...
The good nephew
A rather odd case dealing with competing charges on a right to buy property turned up at the High Court. Brighton & Hove City Council v Audus [2009] EWHC 340 (Ch) was an attempt by Brighton to challenge the validity of a second charge on the property held by...
Your name's not down, you're not getting in
R (Ariemuguvbe) v LB Islington (2009) QBD (Admin) 24/02/09 [just on Lawtel, not on Bailii yet - what's up with Bailii?] concerned the meaning of 'household' for the purposes of Part VI Housing Act 1996. A. had applied to Islington as homeless and Islington...
Just a quickie
The Court of Appeal are in the middle of hearing the appeal in R(Weaver) v L&Q - yesterday and today, (Housing Associations as public bodies for JR/HRA purposes). As ever, news on the judgment will be posted as soon as we have it.
It's not a deposit, honest
With thanks to Christopher Stockdale at John Barkers of Grimsby, we have had news of another Shorthold Assured Tenancy deposit case, Piggott v Slaven, Great Grimsby County Court 23 February 2009. This one is of particular interest as the issue at stake was...