Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was...
All the blog posts, most recent first
Asked, but not necessarily answered
After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act - on which we will have a post shortly - there is a bit of a lull before the floods of new housing case law start up again. So,...
Law Soc JR: Some details
I have some details of the Law Society v Legal Services Commission judicial review judgment. Can't reveal my source but they were close to the action. [edited 01/10/2010 - some corrections] The JR was won on the issue of the significance given to...
Law Society v LSC newsflash
Result out this afternoon. The Law Society won their JR of the Family tender process. No details yet - more as and when. But things are going to be very interesting. Who bets on current contracts extended till April 2011 while Ken readies his axe?
Tenants of defaulting mortgagees II
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010...
Set-aside or Appeal?
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854...
RTM costs (or, how not to grant permission to appeal)
Wilson v Lesley Place (RTM) Company Ltd [2010] UKUT 342 (LC) I confess to being a bit bitter about this case. The Upper Tribunal (Lands Chamber) is hideously overworked. It can (and often does) take over a year for an appeal from an LVT to get...
Quango culling
The BBC has a leaked list of quangos that - potentially - the government is planning/considering to abolish. Of interest to housing lawyers: (a) the Audit Commission (abolish and transfer); (b) National Tenant Voice (abolished - not sure about...
Can’t hear you…
There is a fascinating article in the 23/09/2010 Gazette by DJ Robert Hill on rights of audience in County Court hearings in chambers and the effect of the Legal Services Act 2007 While not strictly housing related, it is of relevance or potential...
Kay v UK – A royale quarterpounder?
Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we've been arguing between ourselves as to how best to deal with it. Frankly, we can't agree on what the case actually means and what...
Kay v UK: Newsflash
The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a "time limited" violation, i.e. that Doherty has solved the problem. Paras 73 and...
Kay v UK: coming soon
The ECHR has announced that Kay v UK is being handed down at 11am (Strasbourg time) tomorrow (Tuesday, September 21, 2010).