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...
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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).
The bottled water of principle
There is an interesting interview with Baroness Hale of the Supreme Court on the UKSC blog, (also reposted on the Guardian Law site, which has been really rather good since launch). It is well worth a read, not only for Lady Hale fighting for the...
When more means less
Green v Sinclair Investments Limited Clerkenwell and Shoreditch County Court. 11 June 2010 This is a County Court and non-binding tenancy deposit case reported in September 2010 Legal Action 'Recent Developments'. But it is interesting and harks...
25 years of ‘Recent Developments in Housing Law’
I really couldn't let this one pass by without adding my congratulations. Jan Luba QC and HHJ Nic Madge have been producing the 'Recent Developments in Housing Law' in Legal Action for 25 years as of this month, quarterly from 1985 to 1988, then in...
Oppression, Maladministration and Re-entry
Hammersmith & Fulham LBC v Pill, West London County Court 26 May 2010 With grateful thanks to the Legal Action Housing Updates (on which more shortly). Ms Pill was Hammersmith & Fulham's secure tenant. She lived with her two children. There had...
Ain’t nothing like the real thing
Vickers v Jackson [2010] EWHC 2213 (Ch) A bit off our usual patch this one, but not too far and frankly I couldn't resist. Not least because I get to use the word 'Snook' without people pointing at me and laughing. Mr Vickers brought a claim in the...