In Octagon Overseas Ltd and Canary Riverside Management Ltd v Coates [2017] EWHC 877 (Ch), the First-tier Tribunal appointed Mr Coates as the manager of Canary Riverside (a development comprising, amongst other things, four blocks of residential apartments...
When does the refusal to provide accommodation to an applicant breach Article 3?
In R (GS) v Camden LBC [2016] EWHC 1762 (Admin), the High Court was required to consider whether a Swiss national, who was not present in the UK lawfully, was entitled to accommodation under the Care Act 2014 or, alternatively, whether Camden were obliged to...
Repairing the caselaw on disrepair
I don't think it is unfair to say that disrepair is not always viewed with great enthuiasm by practioners of housing law. So, I am going to plead with you all to stick with this post of mine even though on reflection it is far longer than I would have liked....
Grants and service charges
This is a very short note (come on its a Friday afternoon) on the recent Upper Tribunal case Oliver v Sheffield City Council [2015] UKUT 229 (LC), 21 May 2015. This was a case concerning a dispute about the payment of a service charge that arose from works...
Is there a maximum award for general damages arising under contract?
The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the statutory...
Former relevant children who aren’t former relevant children
This is a quick note on a quite important case concerning duties owed to young people who are over 18 and who should have been, but in fact were not, provided with accommodation under s.20, Children Act 1989 prior to their 18th birthday. You may recall in R...
Paragraph 71
One of life's great pleasures is watching a good film with Bill Nighy in it. One of my recent favourites is a film called Page Eight. A housing law blog isn't really the time or the place to review the film (you have the link to imdb if interested), but...
The public sector equality duty and priority need
We are (or more accurately I am) a bit late on this one. It is quite important though and the fact I have only just written it up should not detract from that. In Kanu v Southwark LBC [2014] EWCA Civ 1085, the Court of Appeal considered whether the public...
You’ve got absoutely nothing out of this
For most parties that enter into litigation (save for those on CFAs and some who are legally aided) a win isn't really a win unless the other side is also ordered to pay your costs. I say most, because certain litigants enter into litigation knowing that...
This is what we always meant
Regular readers of this blog (when it is accessible) will know that we are a housing law blog. However, housing law (for the most part) is covered by the overarching umbrella of civil law and we do therefore occasionally cover the odd important non-housing...
So Article 8 isn’t always useless then?
Any keen follower of housing law (no laughing for those of you who have stumbled across this blog for the first time; we do exist) will know that the decade long struggle surrounding the admissibility of the Article 8 defence culminated mainly in...
Basically, we are all…
Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world (see here, here and here for our other notes). Andrew Smith J (who you may remember was one of the...