Garden Court's bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant's legal interest in land...
All the blog posts, most recent first
Constructive trust and misrepresentation
Qayyum v Hameed & Anor [2009] EWCA Civ 352 is a case with a complicated background - it originated in the collapse of BCCI, for heaven's sake - but thankfully, the issues in this appeal were relatively straightforward, if novel. In 1991 Mr & Mrs...
Tenancy Deposit on 'Renewal of Tenancy'
Our grateful thanks to the Painsmith blog again for news of another Tenancy Deposit case (and for giving me something to write about in these case bereft times). This is a County Court case on the issue of 'renewal' of a tenancy that started before...
Miscellany
In the continuing absence of anything like actual case law, here are some news items and catch up bits on previous stories. The Government has announced the availability of its Homeowner Mortgage Support Scheme. This is available for those with...
Searching around …
NL set a kind of challenge. There hasn't been anything interesting I could find, but there is a kind of footnote to allocations by way of a circular issued by CLG under section 169, Housing Act 1996, to honour a commitment made to members of the...
Tumbleweed
It's not that we've stopped posting lately, it's just that there has been nothing to write about. There is lots to come - Weaver v L&Q in the Court of Appeal, Moran v Manchester, Aweys v Birmingham in the Lords (all heard, I believe, and judgments...
On the Naughty Step- allegedly
The CAB in Wales appears to have branched out into inadvertent wealth re-distribution, allegedly by way and end of Dale and Sally Foster now on trial at Swansea County Court. The Fosters ran the CAB office at Ammanford, Carmarthenshire, together....
Bits from LAG and nuisance & Art 8
There are several cases in the latest LAG updates that we haven't covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on...
By way of apology…
There will be some housing law along in a minute, but I've had an email request that prompts a bit of an apology. How, in the employment law blog links, could I have overlooked Daniel Barnett's blog. Daniel Barnett has a valid claim to be one of...
Duty to provide rent-free accommodation?
R (Best) v Oxford City Council [2009] EWHC 608 (Admin), [2009] All ER (D) 252, noted on this week's Garden Court Housing Law Bulletin, but not yet on BAILII. This is a judicial review that essentially turned on whether a local housing authority...
Disclaimer, assignment and guarantee
In Shaw v Doleman[2009] EWCA Civ 279 the Court of Appeal confirmed the view taken by some writers as to the effect of the disclaimer of an assigned lease on the obligations of a guarantor. At the same time it highlights that wording common in...
The end of the road
X v LB Hounslow [2009] EWCA Civ 286. When news of X first reached the NL team, the near unanimous response was one of pleasure at the result. Once we obtained a transcript and saw the reasoning of the trial judge, it became clear not only that an...