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The judgment is out. Full post is coming later, but the key points are: (a) a claim by a public authority for possession requires a domestic court to be able to consider the proportionality of the eviction and resolve factual disputes for itself...
The High Court decision in Thomas v Clydesdale Bank [2010] EWHC 2755 (QB) revisits a conveyancing questions addressed in many of well-known authorities which I might put crudely as: who gets the house, the bank or the wife? Mr Burtenshaw was the...
Whilst we're waiting for Wednesday, (when the Supreme Court will give judgment in Pinnock, in case you were wondering), the housing law world doesn't stop in the interim. Far from it. So, without further ado, lets turn to Regent Management Ltd v...
R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet] This is a downright odd case, an application for judicial review where the Claimant's solicitors came off the record at hearing, Claimant's counsel (the in-the-circumstances...
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. This is an important question because the Mobile Homes...
Patel v K&J Restaurants [2010] EWCA Civ 1211 deals with a number of interesting questions concerning relief from forfeiture. Although the lease in question (of a restaurant and residential flats) fell within the Landlord and Tenant Act 1954, the...
The Lord Chancellor, the Rt Hon. Ken Clarke QC MP gave a surprisingly frank interview to Law in Action this week. It's available on the BBC iplayer, here, for the moment and is very much worth 30 mins of your time. The questions on legal aid and,...
Our friends at the LAPG have reminded us that the All Party Parliamentary Group on Legal Aid meets on Wednesday 24 November in Committee Room 14 of the House of Commons between 2 and 4 pm. The speaker will be Jonathan Djangoly MP, Minister for...
I’m going to level with you, dear reader(s), I’m a bit late with this one. In my defence, I point to the fact that the Act as printed is around 250 pages long, consisting of 218 sections and 28 schedules. The explanatory notes run to over 160...
Relatively few appeals to the RPT reach the Lands Tribunal. However decisions in two have recently been published on their website. Hanley v Tameside Metropolitan Borough Council is an appeal against the service of a Prohibition Order. These Orders...
In R(A) v Lambeth LBC [2010] EWHC 1652 (Admin) (Claim 1) and [2010] EWHC 2439 (Admin) (Claim 2), Kenneth Parker J considered first whether it was proper for a personal advisor to complete a ChIldren Act 1989 pathway plan, and, secondly, the degree...
One of the key things that choice-based lettings is designed to achieve is openness and transparency in housing allocation (or lettings, if you prefer). It does so mostly by using a relatively crude mechanism of determining priorities in and...