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The Pereira test is not exactly easy to apply and equally difficult to challenge on a first appeal. In Kata v Westminster CC [2011] EWCA Civ 1456 and Simpson-Lowe v Croydon BC [2012] EWCA Civ 131 (neither are on baili or westlaw, but are on Lexis;...
Lawton v 55 Elgin Crescent [2012] UKUT 62 (LC) is one of those cases that you read and think "what on earth was the Tribunal doing?" Luckily, the UT(LC) has stepped in to put the matter right. If only the LVT had paid a bit more attention... Ms...
A very welcome guest report on this s.204 Housing Act 1996 Appeal by Alice Hilken of 1 Pump Court, who acted for the appellant, instructed by Rahman & Co. Kumaning v London Borough of Haringey December 2011, Central London County Court, HHJ...
As of April 2012, all Civil and Family Courts in the London region (and apparently throughout England and Wales) will be changing the opening times of the court desks. They will be open only between 11 am and 1 pm. According to HMCTS: Court users...
I confess never to have thought too deeply about this question, but it is clearly important and not exactly free from doubt. In Oxford CC v Basey [2012] EWCA Civ 115, the question arose for the Court of Appeal in the context of the range of...
R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii - taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney's policy regarding the allocation of its caravan pitches...
Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note] S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that...
Gladysheva v Russia (App. No. 7097/10) Courtesy of the always excellent ECHR blog, comes an interesting Strasbourg decision, particularly in relation to the question of just satisfaction. It has, regrettably, taken me ages to write this up. Any...
London Borough of Southwark v Hyacienth 22.12.2011 is that incredibly rare, beautiful thing: a successful gateway (b) defence to a mandatory possession claim in relation to an introductory tenancy. At least, I think it is: unfortunately, it's not...
In R. (R) v Croydon LBC, February 10, 2012, Administrative Court [not on bailii - taken from a lawtel note] the Administrative Court was asked to determine whether the applicant was a former relevant child for the purposes of s.23C Children Act...
Many of us believed that once the FSA got its teeth into the sale and rentback market, it would be cleaned up and become effectively a residual (perhaps forgotten) backwater of the impact of debt on home owners. Unregulated transactions have given...
Wychavon DC v EM is a double decision, so to speak, by Judge Mark on a housing benefit matter, with broader implications regarding incapacity. In essence, EM is profoundly disabled (mentally and physically). Her parents moved her from a care...