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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...
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...
DCLG has released the new Code of Guidance for Local Authority allocation of housing. There is a slightly unfinished page about it here and a press release here. The Code of Guidance itself is here [link to pdf]. We will come back to the Guidance...
Novitskaya v London Borough of Brent & Anor [2009] EWCA Civ 1260 Just a brief note on this appeal from the Social Security Commissioners. At issue was what could constitute a claim for housing benefit, albeit a 'defective' claim. Ms N was...
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the...
Secretary of State for Environment, Food and Rural Affairs v Meier and another and others and another and another [2009] UKSC 11 A Supreme Court Judgment handed down today, 1 December 2009. This was an appeal from the Court of Appeal, [2008] EWCA...
The Government has decided to have a campaign against unlawful sub-tenancies of social housing, or rather against the unlawful landlords and tenants both. The estimated figures are that between 50,000 and 200,000 social properties are occupied by...
R (A) v Croydon & R (M) v Lambeth UKSC [2009] 8 This was an appeal heard by the House of Lords over the course of four days in July, but with judgment delivered by the new Supreme Court. We reported the Court of Appeal's judgment here. At...
Thomas v Director of Public Prosecutions QBD October 23, 2009 (apparently only reported in the Times, although I swear I saw it somewhere else too). This was an appeal by way of case stated against conviction for obstructing a police officer. Mr...
I've had an email from a reader who has found that the Nearly Legal URL is redirecting to a spam blog. I can't replicate this behaviour, but has anyone else seen it? I'm checking to see if we've been hacked, but I'd be grateful if anyone could...
The Supreme Court has handed down judgment in the case of R (A) v Croydon and R (M) v Lambeth [2009] UKSC 8. This is an important decision about the duty of LAs under s.20(1) of the Children Act 1989 to "provide accommodation for any child in need...
An opportunity to indulge in schadenfreude at the expense of a mortgage lender is offered by HSBC v Dyche [2009] EWHC 2954 (Ch) where a claim for possession by a mortgagee was dismissed because the actual occupant of the property was beneficiary...