Louisa WATTS v the United Kingdom - 53586/09 [2010] ECHR 793 This was the admissibility hearing of a case brought by Yvonne Hossack on the closure of a care home by Wolverhampton BC and transfer of the residents to other care homes. Ms Watts was a...
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Size doesn’t matter
Craftrule Ltd v 41-60 Albert Palace Mansions (Freehold) Ltd [2010] EWHC 1230 (Ch) is the first higher court decision on the meaning of "self-contained part of a building" in the Leasehold Reform, Housing and Urban Development Act 1993. Qualifying...
Accommodating an abducted child
EA v GA & Westminster City Council & Salford City Council [2010] EWCA Civ 586 [Not on Bailii, transcript on Lawtel] This is a little outside our usual grounds, but as it concerns the Court's power to direct Local Authorities to accommodate a child...
No room for ravers
Oluić v Croatia (application no. 61260/08) is a decision of the First Section of the European Court of Human Rights demonstrating, if further evidence were needed, that Croatia, housing and article 8 just don’t get along all that well. Mrs Oluić...
Tenancy Deposits- A Novel Argument on Hold
Another County Court case on tenancy deposits with a couple of unusual arguments.
Less than ambulatory intentions
Kernott v Jones [2010] EWCA Civ 578 This was the Court of Appeal hearing, on a second appeal, of a case on equitable interests in a property. We reported the first appeal to the High Court and were uneasy about the outcome of that appeal, which...
An Interesting (but wholly normal) Trespass and Rights of Way Case in Northern Ireland*
The High Court of Northern Ireland has been considering the creation of an implied right of way in a wholly normal and innocent set of factual circumstances.
How binding is a s.125 notice?
Nessa v London Borough of Tower Hamlets [2010] EWCA Civ 559 This is an interesting appeal on the issue of the amendment or replacement of a S.125 Housing Act 1985 notice offering the right to buy at a specified price. The actual case itself is not...
Ibrahim/Teixeira guidance
The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or...
Selective and Additional Licensing Consent for England
It seems that the DCLG has quietly given local authorities approval to operate additional and selective licensing schemes under the Housing Act 2004.
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence...
These we have missed/didn’t know about
As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn't reached us - primarily County Court decisions or applications for permission for JR or appeal that...