Gauci v Malta [2009] ECHR 1280 [Link is to rtf] Hat-tip to the Garden Court Bulletin for this one. Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed...
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Fixed Fees and CLACs – MOJ plan
The Ministry of Justice has published its 'Implementation Plan' in response to the recommendations of the 'Legal Advice at Local Level' steering group. The plan is here [pdf]. The issue is principally the effects on NFP advice providers of the...
Gordon Brown – the new Gladstone?
As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not. What Gladstone did when he accosted a...
Not so much guidance, more of an exhortation
Back in our post on the 50th update to the CPR, we noted that there was a new requirement from 1 October 2009 for the Claimant in mortgage possession proceedings to notify occupiers of proceedings within 5 days of receiving notification of the date...
Accommodation pending review: Mohammed in action
R (Gebremarium) v City of Westminster [2009] EWHC 2254 (Admin) Thanks to the Garden Court housing bulletin for pointing to this one. We had to look around as the judgment is not yet available anywhere except casetrack. This was the permission...
Welcome to the High Court …
Welcome, Kenneth Parker QC, to the High Court. In a case which has more of the surreal about it, Kenneth Parker QC, sitting then as a Deputy Judge, had to decide whether to grant leave to a litigant in person to challenge Octavia Housing and...
The lost, confused and angry*
* as one of our commentors put it. As the sumer hiatus grinds on (summer- ha!) and we sit on the beach awaiting the return of the intermittent flood tides of housing cases, I was prompted by M's comment to delve through the rock pools of our search...
Request for info: Powell v Hounslow
We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession...
Allocations: Risk v Need
In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which "... raises the issue of reconciling individual rights with the rights of the community". The rights concerned were the Claimant's rights to an...
Without exception
R (Joseph) v LB Newham [2008] EWHC 1637 (Admin) Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn't know that would deserve public humilliation, probably involving being slapped...
Deep (Equality) Impact
R (Domb) v Hammersmith and Fulham [2009] EWCA Civ 941 This is somewhat off our usual turf here at Nearly Legal, but should be of interest to anyone involved in public law challenges. This case involved a challenge to a decision by Hammersmith and...
Unwelcome in the valleys
While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise...