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This is the second of two recent cases on Defective Premises Act 1972 and stairs (for the first see here). There is now a third case on Occupiers Liability Act 1957 with our note to come shortly. Patrick Joseph Hannon v Hillingdon Homes Limited...
This is a little off topic, but it is an issue that would affect Nearly Legal and some of its readers. It is also an issue that affects legal blogging more generally. The Senior Presiding Judge and the Senior President of Tribunals have issued...
IT IS NO PART OF THE COURT OF CONSTRUCTION TO IMPROVE A DOCUMENT HARRY FITZHUGH v ANTHONY FITZHUGH EWCA Civ 694 The Claimant and Defendant were brothers. They were joint administrators of their father’s estate. This consisted of a farm and land....
This is a failed possession and tenancy deposit case now of largely historic interest, though the principles still largely hold true. There is also an interesting point on the period of the tenancy - contractual date v rent date. Our thanks to...
This should - I hope - be the last leasehold property/LVT case round up for a few weeks. But it's a good one. I promise. Appeals. Service charges. Consultation. Right to Manage. Who needs "50 Shades" when you've got case-law to enjoy? Appeals...
Courtesy of the Local Government Ombudsman and Shelter, we have joint and several occupants of the naughty step. Welcome to the Step to Kent County Council and Dover District Council. (I know that some of you read NL) The full and frankly shameful...
We don't usually do promotional stuff on the blog, but I thought we might make an exception in this case, because it involves free CPD and, well, me (and another from the NL team). I did a podcast for CPDCast on the introduction and operation of...
What constitutes a defect or a lack of repair for the landlord to be liable for tenant's injury? This the first of a couple of cases involving liability under sections 2 Occupiers Liability Act 1957 and 4 of the Defective Premises Act 1972 and...
Well, there's an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is: Landlord and Tenant Act 1985 12 (1) Omit section 8(2) of the Landlord and...
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012 [We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and...
This is, I accept, slightly cheeky, but it occurred to me that our readers might like to apply for the job of President of the new First Tier Tribunal (Property Chamber). Salary is £138,548 (and a judicial pension). The successful candidate will...
We wouldn't usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has - and is intended to have - implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded...