The people of the UK have spoken! And with one mighty voice, said "Um, errr..." (as of 8 am Friday) So, in the meantime, here is something that I wasn't going to mention, at all. But then I was told by some of the others that, should the highly...
All the blog posts, most recent first
M not G
TG, R (on the application of) v London Borough of Lambeth [2010] EWHC 907 (Admin) Or when is a child in need not a child in need? This was the judicial review of Lambeth's decision not to support TG as a 'former relevant child', he being over 18....
Disrepair Quantum – Ombudsman
Local Government Ombudsman Report Report ref 09 005 422 Harlow District Council Ms S was Harlow's secure tenant. Due to a leak, the ceiling in her daughter's bedroom became damaged, in danger of falling and unsafe. Despite Ms S's complaints, Harlow...
Not their decision to make
Birmingham City Council v Clue [2010] EWCA Civ 460 Ms Clue was a Jamaican national. She and her oldest daughter were given leave to come to the UK in 2000 as visitors. After 6 months, she applied for leave as a student, which was refused after...
Holiday chalets and service charges
Hopefully, you're either reading this (a) whilst enjoying the long bank-holiday weekend or (b) back in the office after having enjoyed the long weekend. Either way, a case about holiday chalets seemed appropriate at this time. By s.27A, Landlord...
Oh Brave New World
Eastland Homes Partnership Limited v Sandra Whyte 2010 EWHC 695 (QB) Following Weaver v L&Q and McIntyre v Gentoo, here is a clear indication of the brave new world of public law in which RSLs (sorry, PRHPs) find themselves. It is also an...
Adverse Possession in Londonderry
The Northern Ireland Court of Appeal has been looking at adverse possession of grazing land.
Improvements and rent redux
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...
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...