Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid...
All the blog posts, most recent first
Proposed separation of fact and law…
The DCLG have issued a consultation paper on 'dispute resolution' under the (to be) amended Mobile Homes Act 1983 (which will also have effect for Travellers) The consultation paper can be downloaded from us [PDF]. How to respond is at the back of...
The times, they are a'changin
Yesterday, the Lands Tribunal - so beloved of those of us who practice in the field of leasehold property law - ceased to be. It has been replaced by the Upper Tribunal (Lands Chamber) which, confusingly, is known as... the Lands Tribunal. There is...
Article 6, outsourced reviews and bias.
The outsourcing of s.202 Housing Act 1996 reviews by local authorities to private, commercial bodies came under scrutiny in Charlotte Augustin v London Borough of Barnet, Central London County Court, 22 May 2009 (no report available online yet)....
"Something of a mess"
We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available. The history L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In...
Not interesting enough
McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her...
Why bother in the first place?
Since the Leasehold Reform, Housing and Urban Development Act 1993, leaseholder owners of flats in certain categories of building have been able to "collectively enfranchise" and force the freeholder to convey the freehold of the building to a...
Straws in the wind
Yesiloz v London Borough of Southwark [2009] EWCA Civ 415 was concerned with whether a Turkish asylum seeker was entitled to housing benefit. Ms Yesiloz arrived in the UK in the late 1990s and claimed asylum. She moved into premises in Camden and...
And… relax
After the rather pressured posts of the last few days, time for a quick tiptoe through the Nearly Legal search logs for the search terms that brought people here that, let me be honest, are beyond even our considerable collective power to answer:...
Child 'requires accommodation'
R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing...
House of Lords newsflash
The House of Lords has today given its judgment in the case of R (G) v Southwark [2009] UKHL 26. We reported the Court of Appeal decision here. A fuller report will follow on Nearly Legal in due course, but as we may not finish it today the...
Tolerated Trespasser day
It is official, orders signed and everything. As of today, 20 May 2009, Schedule 11 of the Housing & Regeneration Act is in force, save for paragraphs 3(3), 8(3) and 14(3), which we are arguing about below. Housing and Regeneration Act 2008...