Unsurprisingly, the papers and blawgers have been all over the story of Kylie McGrath, detained under the Mental Health Act after breaking into the home of solicitor Emma Eardley, whom McGrath had been stalking for over two years. McGrath began as Eardley's...
It's oh so quiet…
Or at least after last week's tsunami of housing cases, it is quiet. This is good because I am a) perversely very busy, what with everyone else being on holiday, and b) behind the serene exterior of the blog, there is intense plotting and organising going...
Retrospective CFAs
Forde v Birmingham City Council [2008] EWHC 90105 (Costs) In brief, where a firm had asked a client to sign a second CFA for a disrepair claim, at a time when it appeared that the first CFA might be found unenforceable, and the second CFA provided for a...
Estoppel – needs something to estop
I'm not going to do a report on this one as it is a) epic, b) unprecis-able and thankfully c) pretty much off topic for housing law. But anyone who, like me, is a bit of an equity hobbyist on the side, the House of Lords judgment in Yeoman’s Row Management...
What is a locality?
R (on the application of Heffernan) (FC) (Appellant) v The Rent Service) (Respondents) [2008] UK 58 concerns the meaning of locality in para 4(6) of Part 1 Schedule 1 Rent Officers (Housing Benefit Functions) Order 1997. Locality serves to define the area by...
Enforcing positive covenants
Cantrell v Wycombe District Council [2008] EWCA Civ 866 concerns enforcement of positive covenants by a Local Authority. In return for funds towards the purchase of another property, a housing association had granted the Council nomination rights to six...
Care and Attention
R (on the application of M) (FC) (Respondent) v Slough Borough Council [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay...
Disrepair – One bite at the cherry
Onwuama v Ealing LBC [2008] EWHC 1704 (QB). The Claimant made a claim for s.11 disrepair (in person), alleging dampness and electrical problems. No expert evidence was put forward as to the cause of dampness. The claim largely failed as the Judge found the...
Disrepair protocol costs
Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant's costs incurred while following the disrepair pre-action protocol. It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre issue (not...
Notes on Doherty v Birmingham CC
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The headline is...
Aaargh
Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman's Row Management...
Doherty handed down – more later
Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 That's 79 pages of reading to do...