In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This...
All the blog posts, most recent first
Laying the foundations (2): RTB
Push the bad news out just before Christmas seems to be a pretty good rule of thumb. Our previous post on the housing strategy, Laying the Foundations, led to a number of comments about the right to buy proposals in that document, which were all...
Adams v LGO
I need to make the obvious pun about the Adams family but the monsters in this particular case were really played collectively by Lambeth. The case is R on the application of Janet Adams v The Commission for Local Administration for England. This...
How Gratuitous is Your Licence
Potter v Dyer [2011] EWCA Civ 1417 This is another rather sad and complex case with a fairly convoluted set of facts. Mr & Mrs Potter (senior) acquired a farm and farmhouse as a single unit in 1947. In 1966 they let the whole of the farm and...
Home, realistically and objectively
London Borough of Islington v Boyle & Anor [2011] EWCA Civ 1450 This rather sad case was Islington's appeal on the issue of whether Ms Boyle was occupying the flat she had under a secure tenancy as her 'sole or principal home'. It is a highly...
Leasehold law update
It's cold, wet and miserable, but at least there is some new leasehold legislation and a case to cheer you up. The first is the Right to Manage (Prescribed Particulars and Forms) (Wales) Regulations 2011, replacing the 2004 regulations of the same...
Money can’t buy you everything
Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably...
HB round up
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v...
Fairness for hedges
R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet) It's fair to say that I have an unnatural (purely) academic interest in high hedges - my colleagues laugh every time I try to discuss it sensibly. I've always found...
Glitches, delays and new arrivals
A few updates about the blog... Those who rely on the email updates for new posts won't have got any updates for the last two or three days. Those reading the RSS feed won't have had any updates either. There was a glitch that stopped the feed and...
To let or not to let
An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows:...
Taken out does not mean taken over
Secretary of State for Work and Pension v Neera Mohammad [2011] EWCA Civ 1358 [not available on Bailii yet] This is a case which turns very much on its facts and as far as the Income Support claimant is concerned, turned out badly. Mrs. M. was the...