The Ministry of Justice response to the 'Legal Aid: Refocusing on Priority Cases' consultation is now out, with the MoJ's final proposals [link to pdf]. Although the responses to the consultation appear to have been pretty universally negative, the...
All the blog posts, most recent first
When does a tenancy begin?
Lynch v Kirby, QBD, 28.1.10 before Nicola Davies QC sitting as a Deputy Judge is - according to Casetrack - in the process of being written up. I became aware of it as a (very) short note on the Garden Court bulletin last Monday. I doubt that it'll...
How did this happen?
.... or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 - Lawtel note only The claimant, as...
Adverse possession of the river bed II
Port of London Authority v Ashmore [2010] EWCA Civ 30 is a really odd decision by the Court of Appeal to the extent I had to read it through carefully twice to be sure I understood its effect. I am still not sure that I do. You may remember that we...
Allocations: Scope of Medical Reports
R(Bauer-Czarmonski) v Ealing LBC [2010] EWHC 130 (Admin) is a kind of a classic post-Ahmad decision in that, rather than being a challenge to the CBL Locata scheme as a whole, it relates to the way in which Mr Bauer-Czarnomski's application was...
Advice and assistance
R(Savage) v LB Hillingdon [2009] EWHC Admin 88 [not on Bailii yet, available on Lawtel]. Ms S applied to Hillingdon Council as homeless following a possession order on her private rented accommodation on grounds of rent areas. Hillingdon provided...
John Healy saves the world*
*Not really. The current housing minister, who holds the current record for the number of times a housing minister's name can be mentioned in a press release, has announced forthcoming legislation, in response to the Rugg report. More details here...
Tenancy Deposit – renewal of tenancy again
Bihari v House Trader (UK ) Limited. 14 January 2010, Central London County Court While we wait for the forthcoming High Court and Court of Appeal decisions in tenancy deposit cases, here is a tenancy deposit appeal, but, alas, only to a Circuit...
Variation of service charges
Shersby v Grenehurst Park Residents Co Ltd LRX/142/2007 Upper Tribunal (Lands Chamber) The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In...
Farming today
Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note) Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the...
Housing benefit: Two decisions
Two HB decisions from the Upper Tribunal, Administrative Appeals Chamber have appeared, which are interesting because they demonstrate the approach of the Tribunal to the construction of the HB Regs (Torbay Borough Council v RF [2010] UKUT 7 (AAC)...
Condensed Condensation
Herelle v South London Family Housing Association Limited, Lambeth County Court, 26 November 2009 Ms Herelle was the assured tenant of SLFHA (now part of Horizon Housing). Her tenancy of the one bed flat began in September 2001. There had been...