We've been told that Ali & Ibrahim v Birmingham City Council (now Ali, Ibrahim and Tomlinson v BCC) was heard in the Supreme Court today, 23 November, and continues tomorrow. Our report on the Court of Appeal judgment ([2008] EWCA 1228) is here....
All the blog posts, most recent first
Succession – the afterlife of the tolerated trespasser
R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet] This was a renewed application for permission for a Judicial Review of Wandsworth's refusal of a discretionary succession. Mr Neville had been living with his...
Tenancy Deposit – Tiensia revisited
We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing. Tiensia at County Court first instance found...
The track to the old Piggery
Thompson v Bee [2009] EWCA Civ 1212 illustrates a neat point of property law and inheritance that could come up in a variety of circumstances but in this concerns an easement. In Hamsterley stands Pear Tree House on the main village street. Round...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a...
Outstanding rent reviews – a cautionary tale
Bello v Ideal View [2009] EWHC 2808 (QB) — a case not yet available on bailii — illustrates the dangers with leaving a rent review outstanding. Mr Bello bought what appear from the transcript to be residential premises at an auction in July 2005....
Race to the High Court
Arden Chambers have announced (in one of their eflashes. No link yet) that the Supreme Court has given further reasons for the refusal of permission in the Weaver case. The full reasons, which are stated to replace those previously issued are:...
Rumours of gatekeeping
News reaches us here at NL of a decision of the High Court (Birmingham District Registry) by the name of Mehari, Kelly and JI v Birmingham City Council (9 and 10 November 2009) given by Hickenbottom J. Details are sketchy and, as ever, we'd be...
Activate the trommel!
Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] EWHC 2885 (Admin) This was an application for judicial review by Ethos Recycling of a District Judge's decision in the Barking and Dagenham Magistrates' Court given at Havering...
NFN? On the naughty step
May I introduce Mr Trevor Hobden, lately of Canada House Partnership, Grammar School Road, North Walsham, Norfolk and lately a solicitor. Mr Hobden is to be noted for his balanced approach to billing. Mr Hobden has been struck off the roll and will...
A curious footnote (with benefit of transcript)
We previously wrote up Mich-Onyibe v Wandsworth LBC [2008] EWCA Civ 1649 as "a curious footnote" to homelessness jurisprudence, basing our note on an Arden Chambers e-flash. Thanks to the Chief we now have the benefit of the transcript. The facts...
ASBO in absentia
M v Burnley, Pendle & Rossendale Magistrates' Court [2009] EWHC 2874 (Admin) (on Lawtel only) The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the...