[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)...
All the blog posts, most recent first
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...
Right of residence and children in education
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here). The question was whether: (a) children of EU citizens who have installed themselves in a member state during...
Tenancy Deposits on Sale and Rent Back on Appeal
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
The famous five
News reaches us here at NL towers about five gateway B cases that are due to be heard shortly. Apparently some or all of the authorities (Manchester, Birmingham, Hounslow, Leeds and Salford), together with the government, were trying to get the...
‘Ard en fast rule*
James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO. A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of...
Undue restriction
We at NL try to keep up with the cutting edge of human rights law, even when it is a little uncomfortable. But hitherto undreamt of vistas of potential challenges opened up when we read this account of the complaint of Count Alfons...
Proprietary Estoppel: Detriment and Remedy in the Privy Council
In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel. The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it...
Missing letters, Reviews and Determinations of Civil Rights
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 This is the Supreme Court judgment on the appeal from the Court of Appeal of what was then called Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228 [our report here]. At issue...
Perhaps you should get a move on?
R (Joseph) v LB Newham [2009] EWHC 2983 (Admin) We noted the permission decision in this case back in September 2009 when I expressed the view that, if Newham lost this case then some fish-based humiliation was due to them. Well, the claim for...
Tenancy Deposits: A retrospective
In advance of the brace of Court of Appeal hearings on the tenancy deposit scheme (TDS), contained in sections 212-4 and Schedule 10, Housing Act 2004, and after the High Court decision in Draycott & Draycott v Hannells (discussed with...
Self Insurance and Right to Buy leases
Mihovilovic v Leicester CC [2010] UKUT 22 (LC) Another Upper Tribunal (Lands Chamber) case. This was an appeal by the leaseholders of an LVT decision in respect of service and major works charges levied by Leicester City Council, the freeholder....