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...
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Shop an unlawful sub-tenant, win £500
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...
Each had a wooden horse
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...
An Englishman's room is his castle
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...
Seen anything strange lately?
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...
Child in Need, Indeed
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...
Mortgage possession defeated by constructive trust
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...
Homeless reviews and fact finding in the Supreme Court
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....
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...