More results...
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...
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...
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...
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...
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...
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...
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 (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 That's 79 pages of reading to do...
This is a significant case on whether Social Services or Housing Departments have a duty to accommodate a homeless child and whether a s.20 Children Act duty arises. G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 was a case in...
October, new post qualification job and all, is going to be something of a crunch point for this blog. Time, which has been very tight for the last few months, is simply not going to be available to keep Nearly Legal going in the same way. There are three...
The House of Lords is due to hand down judgment in Doherty v Birmingham tomorrow (30/7). This will include their Lordships' first take on McCann v UK. I'm aiming to have some sort of case note up by tomorrow night. It will be the start of a busy patch for...
A couple of cases came up today, one at the Court of Appeal, one Judicial Review, that are of marginal or tangential relevance to housing law, but may well be of interest to some. I'm not doing reports but the cases are: Liverpool City Council, R (on the...