Newport City Council v Charles [2008] EWCA Civ 1541, The Times, 11 Aug 2008 [now on bailii] The transcript for this (factually remarkable but legally straightforward) case has only just been produced, hence the delay in covering it. The appellant,...
All the blog posts, most recent first
Right to Buy leases and service charges
Leicester City Council v Masters LRX/175/2007 (links to a .pdf) Pursuant to the Right to Buy provisions, the respondent purchased a leasehold interest in his flat in April 2005. As readers will know, where someone is purchasing a leasehold interest...
Retrospective CFAs on appeal
Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge...
On the naughty step – on tour
Nearly Legal's naughty step has recently taken the complicated, slow and interrupted trip from Norwich to North Wales. It is is with reluctance, several changes of train, and a painful recovery of repressed traumatic memory that we now find...
Ahmad v Newham in the Lords
R (Ahmad) v Newham LBC is being heard in the Lords on Monday 19 January and Tuesday. This is an important case on allocation policies and cumulative need. See our post on the Court of Appeal decision here. We'll report on the outcome as soon as...
Views on the Mortgage possession protocol
The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol. First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the...
Homelessness – when unitary authorities aren't.
R (Hassan) v Croydon LBC (Admin Court 13 January 2009. Only reported so far in Arden Chambers eflash 336) was a judicial review on the discretion to secure accommodation pending s.202 review under s.188(3) HA 1996 and whether a potential duty...
New year revamp?
Albeit too late and too slow to count as a new look for 2009, a few changes are being slowly rolled out hereabouts. There's a new header and tag line (both likely subject to further revision), a new title font, a re-jig of the blogroll listing to...
Deposits – the mandatory award again
As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters. Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy....
On the Naughty Step – guest post
[In a bit of an innovation, we have a guest writer for a naughty step post. My grateful thanks to M for a cracking post....] You get the distinct impression with some that it’ll take a bit more than being placed on the naughty step for them to see...
Families, eh
The one key message of property law is never trust your family. Mirza v Mirza [2009] EWHC 3 (Ch) is a further example of this truism and I can only marvel at the way Stephen Smith QC, sitting as a Deputy Chancery Judge, dealt with the case. The...
Homelessness collaboration agreement
Out of Leeds comes an interesting story (picked up via Shelter's Roof blog) about an agreement between the Local Authority, two Citizens Advice Bureaux and Shelter's West Yorkshire Advice Service. Leeds City Council has signed an agreement with the...