The quarterly statistics for quarter 4 2008 on possession claims and orders are out [pdf]. Unsurprisingly, it is the mortgage repossession figures from the CML that got the headlines, being up significantly on 2007 - albeit by less than initially forecast by...
Dead and gone
The mopping up of the tail end of tolerated trespasser cases continues. Barry Austin v LB Southwark [2008] EWCA Civ 66 was the Court of Appeal hearing of the appeal from the High Court hearing we noted earlier. The issue at stake was whether Mr Austin would...
Oh dear, oh dear, oh dear
We all knew that Lambeth Housing was in a bit of a self imposed mess, and this is an outline of what it amounts to. I'm not going to add much in the way of comment, but anyone who acts on occasion for Lambeth tenants or leaseholders or homeless applicants...
Bankruptcy and disrepair
In the end, I couldn't resist writing this one up from the report in January 09's LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting. Lambeth LBC...
Councils bribing tenants shock!
In apparent confirmation both that the Times is now a tabloid newspaper and that today was a quiet news day, this was the lead story in Saturday's Times. I'll just quote the opening sentence: Council tenants are being offered £30,000 bribes or cottages by...
We're not in Sparta any more.
The House of Lords Opinions in Holmes-Moorhouse v LB Richmond upon Thames [2009] UKHL 7 were handed down today. This concerned whether a shared residence order under s.8 Children Act 1989 meant that a child was 'reasonably expected' to be resident with both...
Applying under Part VII via Part VI
This is another decision of the Welsh Ombudsman, again concerning Conwy Council. Case 200702044 - Conwy County Borough Council. I don't propose to go into detail on the specifics of this matter - which principally concerned delay and muddle in dealing with...
'We rule the estate'
A local authority's failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 - Conwy County Borough Council. The whole report (there is a link on...
The Basildon Endgame
As people may well have noticed from the news on TV and in the press, the last Court of Appeal hearing in the drawn out saga of the (unlawful) Essex traveller sites resulted in a defeat for the travellers. Basildon District Council v McCarthy & Ors...
In passing…
A couple of quick notes from the HLPA meeting this evening. Aweys v Birmingham is listed for the Lords next week (homeless at home and allocation policy differences in priority between homeless at home and those with no accommodation available, as if you...
Retrospective CFAs on appeal
Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge upheld, but in...
On the naughty step – on tour
Nearly Legal's naughty step has recently taken the complicated, slow and interrupted trip from Norwich to North Wales. It is is with reluctance, several changes of train, and a painful recovery of repressed traumatic memory that we now find ourselves in the...