Hat tip to Legal Action 'Recent Developments in Housing Law' for this one. Watford Community Housing Trust v Personal Representatives of Elizabeth Chalmers, Watford County Court 14 January 2011 This was a possession claim under Ground 9 Schedule 2...
All the blog posts, most recent first
‘Defending Possession Proceedings’ update
The LAG Defending Possession Proceedings (7th Edition), a book which is surely in every housing practitioner's library, has received an update to cover Pinnock and Powell, public law and proportionality defences. The free update can be downloaded...
Face time
Makisi & Ors v Birmingham City Council [2011] EWCA Civ 355 Does the right to make oral submissions to a review officer on a s.202 Housing Act 1996 review, following a 'minded to' letter, mean that the applicant has the right to insist on a...
Oh Cluck!
Nearly Legal was brought up with chickens (not by chickens - a vital distinction. No poultry played a parental role at all. Oh no). After decades, and not a little intensive therapy, the metaphorical, if not the literal, scars seemed to have faded....
I’ll get the lights…
Feeling cheerful? Good, we'll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions...
Grant Shapps on flexible tenancies and Pinnock
Grant Shapps has given A statement to Inside Housing on his view of the impact of Pinnock v Manchester and Powell v Hounslow on the plans for flexible tenancies. The short answer is not a lot. He points to the 'exceptional case' provision and the...
Well, that’s embarrassing
You know how when you search for something that isn't there on NL, it comes up with that (quite annoying) "well, that's embarrassing" logo? Well, I searched last night for Vilvarasa v Harrow LBC [2010] EWCA Civ 1278 but couldn't find it. Then, it...
x’=γ(x-vt)*
Without further ado, a hodge-podge of Equality and Human Rights updates. Firstly, the Deputy Prime Minister and the Secretary of State for Justice have finally launched the long expected Commission on a UK Bill of Rights. The Commission comprises a...
Grrrr
First of all, a guilty secret: I love Silk, the BBC show. It makes my Tuesday nights. It is completely and utterly implausible but take it for what it is - fiction and drama - and it's a great show. After a late Supper, my partner called me and...
A Return to Parliament Square
The Mayor of London (Greater London Authority) v Haw & Ors [2011] EWHC 585 (QB) You may remember that there has been some previous litigation (the most crucial of which we reported on here) between the Mayor of London and various persons protesting...
Set Aside or Appeal, or both?
Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn't why we're...
On the naughty step: Bait and Switch
I don't read the Daily Telegraph. Frankly I've failed to see the point since it stopped featuring details of the salacious trial of the day as a regular fixture on page 3, because the rest of it was preposterous blimpish nonsense, mainly full of...