Southern Pacific Mortgage Ltd v Heath [2009] EWCA Civ 1135 It has taken me a day or three to get to this one. Nobody else was up for doing it and frankly the detail of the Consumer Credit Act 1974, allegedly intended to make agreements clear for...
All the blog posts, most recent first
Central Beds v Taylor – Supreme Court permission refused
Central Bedfordshire Council v Taylor & Ors We've just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to...
Weaver – the reason for refusal
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that "the application did not raise...
Tenancy deposit – late compliance again
Da Costa v Pinter Bromley County Court April 2008 With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated 'Payment required...
Weaver: Permission Refused
An Arden Chambers Eflash has just announced that the Supreme Court have refused permission to appeal in R (Weaver) v L&Q. We'll try and get a link to the order ASAP. In the meantime, our post on Weaver in the Court of Appeal is here.
Section 2, LP(MP)A and proprietary estoppel: Where are we now?
The Issue One of the slight frustrations of being an aspiring academic is that you tend to think in bite-size terms as and when the tutorial cycle demands. We've just "done" the now familiar peaks and troughs of the "new model" constructive trust...
It is an ex-parrot
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join...
These we have missed…
And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii. R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct). Or 'everything old is new again' From the full judgment:...
Yeah, of course I'll call
It's a bit like one of those nights that just, you know, didn't work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive. The Government has released its response [link to PDF] to the...
Applying to set aside possession, or when is a trial not a trial?
Forcelux Ltd v Binnie [2009] EWCA Civ 854 This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It...
A quick update from the ECJ
Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community...
I think they're trying to tell us something
The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in...