Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we've seen the judgment]. Can a council's failure to carry out its responsibilities under its allocation scheme be the...
All the blog posts, most recent first
Care orders and accommodation pending appeal
Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings. R(N) v Westminster City...
Discretionary Housing Payments – the trouble with DLA.
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when...
Relief from sanctions for not turning up?
In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd [2014] EWCA Civ 906 (our note here) to a possession...
Rising Damp
There is reason for Rigsby to look worried in Uddin & Anor v LB Islington (2015) CA Civ Div 10/03/2015 [Lawtel note only so far.] This was Islington's appeal of a first instance decision awarding the tenants damages for breach of repairing...
The judicial review of regulations on funding judicial review
Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the...
Miscellaneous
Assorted things of note. The closing date for applications for the Tower Hamlets Law Centre Housing Solicitor post has been extended to 11 March 2015. Southend have been refused permission to appeal to the Supreme Court in Southend v Amour (our...
Qualification criteria and allocations: An outlier?
In R(Hillsden) v Epping Forest DC [2015] EWHC 98 (Admin), McCloskey J held the council's allocation scheme valid in circumstances which, I must say, did not seem propitious to the council. The council's new allocation scheme, which came in to...
Is there a maximum award for general damages arising under contract?
The case of Rendlesham Estates Plc v Barr Ltd [2014] EWHC 3968 (TCC) is a bit off the housing law beaten track and as a result I have only recently got round to reading it properly. It concerned s.1, Defective Premises Act 1974, which is the...
Asking for relief
This is a housing case, but the procedural issue in this decision is only tangentially related to that. Nonetheless, it is a matter worth noting. Cutler v Barnet LBC [2014] EWHC 4445 (QB) [Not on Bailii yet, we've seen a transcript]. Ms C had been...
1, 2, 3, 4, 5, 6, 7, 10
This was a judicial review of LB Enfield's plans for borough wide additional HMO licensing and selective licensing of all PRS properties. It did not go well for Enfield, who appear to have not quite grasped the consultation requirements. Regas, R...
Conscious Re-coupling and Succession
In R (Turley) v LB Wandsworth , the Claimant was the partner of the late Mr Doyle, who was the secure tenant of a property at Battersea Park Rd, London, SW8 from 1995 until his death on 17/3/2012. Mr D and Ms T had 4 children together and they...