Hughes v Borodex Ltd. [2010] EWCA Civ 425 This was the Court of Appeal hearing of the appeal from the High Court decision on first appeal that we reported in March 2009. I won't rehearse the facts, which are in the earlier post, but the issue was...
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In actual occupation but not actually living there.
Link Lending Ltd v Bustard [2010] EWCA Civ 424 This was an appeal from a mortgage possession case, centred on the issue of whether Ms Bustard could be said to be in actual occupation of the property such that she had an overriding interest under...
Was this really a good idea?
I thought that the point of taking a preliminary issue was, well, because the determination of that issue would likely resolve a significant part of the case. In Paddington Basin Developments Ltd and others v West End Quay Estate Management Ltd...
Upper Tribunal consultation
The Upper Tribunal (Lands Chamber) is (and has been since June 1, 2009), the appellate body for, inter alia, the LVT and the RPTS. When it was established, it adopted the existing procedural rules previously used by the Lands Tribunal, its...
Failed asylum seeker – accommodation, not support
R (Kiana) v Secretary of State for the Home Department (2010) QBD(Admin) 20/04/2010. [ Note of extempore judgment on Lawtel] [Now full judgment on Bailii] Mr Kiana came to the UK and applied for asylum. He subsequently lived with his partner and...
Election fever!
So, while we wait for some more housing judgments (and they are coming. Austin v Southwark LBC is being heard in the Supreme Court tomorrow - Wednesday 21 April - and Thursday, for starters), I thought we might take a look at the main parties'...
On the naughty step – there’s not an app for that
I have an iPhone (a 3GS, since you asked) and I like it. No, let's be honest, I love it with a passion bordering on the indecent. So when I saw a note on Roll on Friday which said that there was now an iPhone app "which enables users to access the...
Newham in the news
The London Borough of Newham is, without doubt, a hard-pressed council with extremely high levels of housing need, insufficient accommodation of any sort of decent quality to meet that need, and an engaged staff, as anybody who read Ahmad would...
Access to Justice
An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is 'just' an example of the viciousness of the public funding boundaries. I've combined a few instances in what follows, and changed...
Suitability: Norris v MK
In Norris v Milton Keynes Council [2010] EWCA Civ 77 (not on Baili, Lawtel or Westlaw yet, but, thanks to the Chief's special powers, we have a copy), Rimer LJ considered that a second appeal was merited on two points - LAG, which brought this case...
Shake your windows
Craighead v Homes for Islington & LB Islington [2010] UKUT 47 (LC) is a decision of Andrew Trott in the Upper Tribunal on an appeal from the LVT. 21 leaseholders faced bills of £30-40,000 for service charges between 2006 and 2008 relating to...
Tenants of defaulting mortgagees
The CLG website is reporting that the Mortgage Repossessions (Protection of Tenants) Bill is now an Act, having received Royal Assent on April 8, 2010. The press release explains that, where a mortgagor (other than one under a buy-to-let mortgage)...