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Craig Keenan from Community Law Partnership has added another comment to my original post on Omar -v- Birmingham CC to the effect that funding may be forthcoming for a House of Lords appeal. Also the key issue, which is whether Councils can rely on s.193(5)...
It seems I wasn't the only one frantically getting cases progressed before the holiday break. The Court of Appeal has been churning out judgments at an extraordinary rate. Amongst them one housing law judgment... Green & Anor v London Borough of Croydon...
So, Belle de Jure and Lawyer-2-be, although apparently tired of being respectively scandalously homophonic and hyphenated, are back. I somehow thought it was only a matter of time before one or both broke cover. Now conjoined, although thankfully not...
Not a particularly significant case, but not one you see every day either. Nuisance by adverts for wigs, orthopaedic footwear, and dating agencies. Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 was an appeal of an outright possession order...
Nearly Legal has a comment piece in the Solicitors Journal. (No subscription needed for the next week). Fame, yes, fame at last. In an anonymous sort of way.
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of...
Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal's current thinking in...
In Waltham Forest v Maloba [2007] EWCA Civ 1281, the Court of Appeal has revisited the issue of 'reasonable to occupy' in terms of the homelessness provisions of Housing Act 1996. Briefly, the facts were that Mr M had lived in the UK since 1989 and acquired...
In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick's main judgment: A constructive trust can arise some years...
A quick outline of a busy news day... The Court of Appeal says that (some) provisions of the Legal Services Commission's Unified Contract are unlawful, specifically the most sweeping of the unilateral amendment clauses. The judgment is pretty devastating,...
[Edit, time slightly later on. In the comments to her post Tessa suggests that the case discussed below was not a judgment at all but merely adjourned from the undefended list for a hearing of the issues. So none of what follows is of much significance.] A...
We've been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the...