Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved...
All the blog posts, most recent first
Forward to the 18th Century!
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the...
No, that is your elbow
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by...
Sale and Rentback (again)
I've got to admit it, I've fallen for HHJ Behrens. I've no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human. He is developing something...
Getting to know the neighbours
One thing you could never accuse the Right to Manage legislation of being is "user friendly". In Gala Unity Ltd v Ariadne Road Rtm Co Ltd [2011] UKUT 425 (LC), the Upper Tribunal (Lands Chamber) (in the person of that very nice chap, the President)...
Just one small but crucial fact..
Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the...
Not a mother-in-law joke
Abdullah v Westminster City Council [2011] EWCA Civ 1171 Do matrimonial home rights apply where notice to leave to a non-tenant spouse has been given by a joint tenant who is not the spouse? A question raised and answered in this homeless case....
Turning up is usually the best idea
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial...
Service charges ad infinitum
The Upper Tribunal is hearing what might turn out to be quite an important s.20, LTA 1985 dispensation case today (LB Southwark v over 13,000 leaseholders in the borough (our note here) and, as ever, we'll bring it to you as soon as we have news of...
Shaken and Stirred
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building...
HB Changes: Lawful but what impact?
We have previously covered the changes to housing benefit (HB) introduced by the Con-Dems and the DCLG's concerns over them as well as those of certain London boroughs. In truth, nobody really quite knows what the "impact" of those changes will...
Contracts and public law: The Cornwall case
Charles Terence Estates Ltd v Cornwall Council [2011] EWHC 2542 (QB) (subnom oh dear, oh dear) Forgive the length of this note, but this seems to be a significant case with potentially far-reaching ramifications. The judgment of Cranston J (in my...