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Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman's home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to...
Hunt & Ors v Optima (Cambridge) Ltd & Ors [2013] EWHC 681 (TCC) This is a brief note on what was a complex case arising out of what, by any measure, appears to have been a very poor construction and subsequent maintenance of a new build block of...
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd...
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a deposit was...
We get a lot of requests for information or advice on NL. This one was special. From Mike M[...] Email xxxx@cardiff.gov.uk Message intentionally homeless for abandoning suitable accommodation, looking for caselaw on this subject From: Nearly Legal Sent: 30...
Unusually, this is a published Judicial Review permission decision. Further, Anthony Thornton QC J has 'certified that this judgment may be cited and referred to in other cases or situations. This direction is made pursuant to paragraph 6.1 of the Practice...
A four party judicial review of the Benefit Cap - now under pilot in 4 boroughs and to be rolled out in October - was issued today (Wednesday 22 May). Details are here. The claimants argue that the Regulations are discriminatory and unreasonable. They also...
This a late note on OR -v- Secretary of State for Work and Pensions and Isle of Anglesey CC [2013] UKUT 065 (AAC) because, bluntly, I had read it quickly at the time and overlooked its broader significance. The issue was whether OR could receive housing...
We here at Nearly Legal don't just sit around staring at the ever increasing backlog of cases to write up. Oh no. We do other things too. One of the other things some of us are doing is the London Legal Walk on Monday 20 May. The aim of the walk is to raise...
Just to note that the 10 joined bedroom tax Judicial Review claims (for initial details see our note) are listed for full hearing on Wednesday to Friday next week (15-17 May). The claims involve a range of challenges to the regulations involving disabled...
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly...
The detail of this may have passed you by at the time, it certainly did me, but amongst the wind and posturing of David Cameron's 'big speech' in March on stopping immigrants from getting things from healthcare to driving licences was quite a significant...