As we noted when writing up Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 (see our note, here), the case left open an interesting - and important - question. If a fixed term has expired and a statutory periodic tenancy arisen, do the requirements...
All the blog posts, most recent first
Adverse possession through criminal trespass
Way back when s.144 LASPO 2012 was first proposed, I noted that one of the unaddressed questions (indeed a question that nobody even thought to consider) was how what because s.144 would interact with statute and case law on adverse possession. Now...
Ignoring the Court of Appeal?
[Update 9 June 2014. The Statement of Reasons in this case is here. Well worth considering.] There has been an odd bedroom tax development, one on which details are tantalisingly still absent. Mr & Mrs Carmichael have won their appeal to the...
Not a Good Idea
One to be filed under 'Do not do this, ever'. R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I've seen a transcript] This started out well enough, as a judicial review claim of Southwark's decision to terminate temporary...
Oh Mr Ghopee.
God, we are told, loves a trier. Perhaps fortunately, the Court of Appeal takes a less emollient approach with an unlawful money lender who has been repeatedly featured on this site. Ghana Commercial Finance Ltd v Sawyer & Anr [2014] EWCA Civ...
Fiddler under the roof
Yeung v Potel & Anor [2014] EWCA Civ 481 A Court of Appeal case on the problems with the edges of demises and reserved rights of access, involving, in this case, a land grab above a ceiling and a demand to access the flat above. Flats 3 and 4...
You don’t just walk away
R (Twelve Baytree Ltd) v Rent Assessment Committee [2014] EWHC 1129 (Admin) is that rare beast - a judicial review of the LVT (as it was; FTT(PC) as it is now). It concerns how you withdraw a Right to Manage claim. I confess, when I first heard...
Gonna get myself arrested
Maunder Taylor v SHG-SH20 Ltd 3CL02066 is one of the more interesting (and potentially, important) county court cases I've come across recently (transcript not publicly available; I've got one and am trying to persuade the Landlord and Tenant...
Spoiling the Broth
Blake and others v LB Waltham Forest [2014] EWHC 1027 (Admin) is a judicial review challenge to the local authority's decision to terminate a licence held by Christian Kitchen (the 3rd Claimant) to operate its soup kitchen out of the Mission Grove...
Disrepair: La luta continua!
2013 was a difficult year for claimant disrepair. Changes in legal aid funding have made it all but impossible to pursue a disrepair claim under legal aid alone, as funding is only available for an order to carry out repairs to where there is...
Disrepair: Damp and quantum
Following on from this post on disrepair counterclaims and as a precursor to a substantial post on disrepair quantum to follow very soon(ish), this is a County Court Judgment on an assessment of quantum hearing on 28 March 2014 (there was a default...
Early Compliance
Tummond, R (on the application of) v Reading County Court & Anor [2014] EWHC 1039 (Admin) This is a slightly surprising case involving a judicial review of refusal of permission to appeal. Facts T was an Assured Shorthold Tenant of a property....