Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC...
All the blog posts, most recent first
Family allocations
Now, personally, I intend to chuck my kids out as soon as possible and return to "normal". But, for Mrs Ariemuguvbe, this was not possible because her children were subject to immigration status and had no recourse to public funds (no doubt, they...
They do things differently over there
Rodriguez v (1) Minister of Housing (2) Housing Allocation Committee [2009] UKPC 52 is perhaps most remarkable for needing to get as far as the Privy Council before a sensible decision was made. The second respondent was a statutory body...
Physical violence only
Yemshaw v Hounslow LBC (2009) CA (Civ Div) 15/12/2009 [only as Lawtel note so far] This was an appeal to the Court of Appeal from a s.202 appeal on the issue of what 'violence' in s.177(1) Housing Act 1996 meant. S.177(1) provides that it is not...
Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We've covered most of the cases here, but there are some others that are well worth a mention... Brunskill v Mulcahy [2009] EWCA Civ 686...
Unlawful eviction quantum again
Aricioglu v Kaan Clerkenwell & Shoreditch County Court, 16 October 2009. The December 2009 Legal Action Housing Updates included this County Court claim for harassment and unlawful eviction. Mr A rented a room in a shared house from Mr K for £75...
Consultation and Prejudice
Daejan Investments Ltd v Benson and others LRX/148/2008 One of the advantages (so we were told) of the Lands Tribunal moving to become the Upper Tribunal (Lands Chamber) was that members of the senior judiciary could be brought in for guest...
Gimme shelter
R (Garbet) v Circle 33 Housing Trust and another [2009] EWHC 3153 (Admin) [link is to a .doc] was discussed by us (via news reports in Inside Housing and on Radio 4) below. I asked for a transcript and, as if by magic, one was provided. I stand by...
Pinnock Permission
We've just heard that Pinnock in Manchester CC v Pinnock has been given permission by the Supreme Court. Our note of the Court of Appeal case is here ([2009] EWCA Civ 852). We had wondered about permission after Central Beds v Taylor was refused. I...
A transcript, a transcript – my kingdom for a transcript
As you'll all know, there has - for some time now - been rumblings about judicial review claims where RSLs/local authorities have decided to replace resident wardens (in sheltered housing schemes) with non-resident wardens. It appears that, on...
A strange new beast in the forest
The case of Clarence House v National Westminster Bank [2009] EWCA Civ 1311 deals with a relatively new form of transaction that seems, at present, to be confined to City property transactions. I report it here because it may become more...
Chancery or Family? – the former matrimonial home
In Smith v Smith the Court of Appeal considered the conflict between TOLATA and its family law jurisdiction. The background is a sad one. The Smiths married in 2004. They bought what I assume to be a lovely house of 3,800 square feet in 5 floors...