R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals. MD was an asylum seeker. The...
All the blog posts, most recent first
A taxing question
Macattram v Camden London Borough Council (2012) QBD (Admin) On Lawtel but no on BAILII This is an interesting little problem involving the payment of Council Tax. The landlord had rented the property to the Council. They had used it to house...
Doomed, Doomed I tell you.
As an illustration of how complex housing law has become, and how difficult for a litigant in person, comes Sheppard v London Borough of Richmond-Upon-Thames [2012] EWCA Civ 302. This was a failed permission for second appeal to the Court of...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service...
Auto-bids and Lettings Choice
The Administrative Court has recently given judgement in the conjoined applications of Rouse Tout a Tout and Heff v LB Haringey, which concern the lawfulness of the auto-bid system operated by LB Haringey in the allocation of their permanent...
Costs on settled appeals
A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter. The appeal...
Don’t Panic!
The Residential Landlords Association appears to have got its collective knickers in a bit of a twist over proportionality. According to its press release and a report on 24dash, the RLA has suddenly decided that Powell v Houslow presents a...
Small, but not unimportant
Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you'll know, the 1987 Act gives the LVT power to vary...
More than a minor problem
We have news of a recent, and rather important, county court case concerning the termination of a tenancy which had been purported to have been granted to a minor, but who had since turned 18. The case in question is Croydon LBC v Tando. You may...
It never rains but it pours
The ECHR has recently delivered its judgement in Kolyadenko v Russia , which (apart from demonstrating the reach of the ECHR jurisdiction to the remote corners of Asia) is a useful case applying principles we would recognise under the rule in...
Nothing ever really changes, does it?
Corby BC v Scott & West Kent Housing Association v Haycraft [2012] EWCA Civ 276 are the first cases that have required the Court of Appeal to consider and apply the guidance given in Powell v Hounslow LBC [2011] UKSC 8 & Pinnock v...
The cost of criminalising trespass
The Government's proposal to criminalise trespass to residential property, contained in LASPO at clause 136, is due to be considered at report stage in the House of Lords tomorrow (Tuesday 20 March). The Government's estimate of additional costs...