Spring is in the air and daffodils are blossoming which is usually a sign that an update to the civil procedure rules is in the offing. This year, we are doubly blessed. Parts of both the 51st and52nd updates will come into force over the next...
All the blog posts, most recent first
‘There were three people in this mortgage’
Hewett v First Plus Financial Group Plc [2010] EWCA Civ 312 We are a little late on this one, which the family law bloggers have already noted, but it is a bit irresistible. Mrs Hewlett was appealing a possession order obtained by First Plus...
‘Minded to’ letters and oral representations
Bury Metropolitan Borough Council v Gibbons [2010] EWCA Civ 327 This was the Court of Appeal judgment on a second appeal from a s.204 Housing Act 1996 appeal in the County Court. At issue were the Circuit Judge's findings that Bury had: a) failed...
A farewell to the RSL
On 17 March 2010, the 'The Housing and Regeneration Act 2008 (Consequential Provisions) Order 2010', SI 2010 NO. 866 was made. Also enacted on 17 March was The Housing and Regeneration Act 2008 (Commencement No. 7 and Transitional and Saving...
Housing Act Changes
The Housing Act 1988 has been amended to increase the maximum rent level to £100,000.
Total confusion from Willesden
Chasewood Park Residents Ltd v Kim [2010] EWHC 579 (Ch) is a rent/service charges case that should serve as a useful object lesson: first for parties to remind them of the importance of precise pleading and the use of evidence; and second, I hope,...
Family Feuds and Estoppel
Cook v Thomas & Thomas [2010] EWCA Civ 227 This case was well describd by the Court of Appeal as "a most unfortunate and regrettable dispute". The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales...
Estoppel and Laches in Looe
Lester v Woodgate [2010] EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court, in "an exemplary use of the power...
Permission 2 – given: EU child and Homeless duty
Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 222 [Not on Bailii] Ms L-B had applied to Hackney as homeless. Hackney accepted that she was eligible, homeless, not intentionally homeless and in priority need, because her niece, a child, lived with her....
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet] This was a permission to appeal to the Court of Appeal hearing. The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that...
Collective enfranchisement and anti-avoidance
Earl Cadogan and another v Panagopoulos and another [2010] EWHC 422 (Ch) concerns the anti-avoidance provisions in s.19, Leasehold Reform, Housing and Urban Development Act 1993. It's quite a detailed case and, if enfranchisement is something...
I’ll get you, my pretty, and your little dog, too! Two*
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice. The brief facts are at para 1 of the...