Being constitutionally unable to resist the temptation to indulge in a spot of lèse majesté, Nearly Legal is pleased to be able to threaten Her Majesty with a spell on the naughty step. Not for being a hereditary monarch - that is a little outside...
All the blog posts, most recent first
Probably wrong but wholly academic
Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) This case is a vivid illustration of the difficulties of challenging a Local Authority's apparent homelessness gatekeeping practices, or alternatively, if you are a...
Adverse Possession of a Highway II
Last year we reported the decision R (Smith) v Land Registry [2009] EWHC 328 (Admin) in which the High Court held (amongst other things) that it was impossible to acquire land by adverse possession if that land was subject to a public highway. At...
Underhand but not abusive
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley's claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a...
Admit nothing. Deny everything
Ashcroft v Bradford & Bingley Plc [2010] EWCA Civ 223 Mr Ashcroft purchased a property with the aid of a mortgage from Bradford & Bingley in 1990. He failed to make a single payment and an SPO was obtained in April 1991. He breached the...
A holding note: Coombes v LB Waltham Forest
We have been aware of Coombes v LB Waltham Forest (Sec of State intervening) noted at [2010] All ER (D) 59 and on Lawtel, decided on 08.03.2010 in an extempore judgment (Cranston J), but waiting for the full transcript to be provided by the High...
Rent arrears management – boring title, excellent report
Is it too much to hope that - finally - the Government might take steps to ameliorate and / or prevent the use of Ground 8? During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of...
Richardson v Midland Heart appeal is no more
We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a...
Don’t forget to file and serve…
Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn't been picked up anywhere else. It's only worthy of a short note though, which is set out...
Throwing it out there
A friend of NL (who will remain nameless unless he wants to out himself in the comments) has asked if we would post a question about statutory periodic assured tenancies, in order to try and generate a bit of debate (and, perhaps, even work out the...
Repeat Players
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"] Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband)...
Unlawful Eviction, exemplary damages and why people don’t like estate agents
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009. This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening...