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...
All the blog posts, most recent first
Successful gateway (b) defence!
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...
R (R) v Croydon LBC – A call for information
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...
Sale and Rent Back: Closed down!
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...
HB and necessaries
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...
“I could be a lawyer with stratagems and ruses”*
Wasted costs orders are scary things. There is the censure by the Court, of course, but worst of all, the solicitors then have to pay and, no matter how much or how little, that rips shreds out of the very essence of their being. Threats to pursue...
Section 20B again…
Om Property Management Ltd. v Burr [2012] UKUT 2 (LC) [not yet on bailii - we've got a transcript] was another case concerning the interpretation of s.20B, Landlord and Tenant Act 1985. Section 20B is of course the provision that renders service...
Vexatious litigants in the LVT
In Attorney General v Singer & Singer, Divisional Court, January 24, 2012 [taken from a lawtel note - not on bailii], the Attorney General sought a civil proceedings order, under s.42, Senior Courts Act 1981, against Mr & Mrs Singer. The...
I sublet an apartment on the 99th floor of my block
No prizes for guessing what I was listening to when I decided to write this. I bring you two important cases from the Upper Tribunal (Lands Chamber) about sub-let fees and administration charges:Holding & Management (Solitaire Ltd) v Norton and...
Equity Release Schemes: the CA view
Cook v The Mortgage Business PLC et al [2012] EWCA Civ 17 [note for law students: this is a really important case on land registration in which the principles in Abbey National BS v Cann are considered and applied. Please note that we do not write...
Even more exciting
The GLA has been conducting a review of service charges in London (see here for our piece on the original announcement) and, earlier today (Monday, January 23, 2012), held an oral evidence session at City Hall. I couldn't make it, sadly, but did...
No comparing
When considering 'general housing circumstances in the area' under Housing Act 1996 s.177(2) on a s.202 review, can the review officer conduct a comparative exercise? A s.204 appeal decision in Chawa v Kensington and Chelsea RLBC (Central WLondon...