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A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364 The problems in this case were not just the confused and confusing evidence (not only that of...
Please welcome to the naughty step the head of housing for Norwich City Council, Kristine Reeves, along with other council officers. Why? Some pernicious housing policy or dodgy choice based letting scheme? No. Ms Reeves took a rather more personal...
Morshead Mansions Ltd v Leon Di Marco [2008] EWCA Civ 1371 Service charges. Much more interesting than tolerated trespassers. Honestly. Sections 18 - 30 Landlord and Tenant Act 1985 contain a detailed regulatory framework for service charges in...
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v...
So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant...
I am strangely and unaccountably late with this one - I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year...
The House of Lords will give judgment in Knowsley v White; Islington v Honeygan-Green and Porter v Shepherds Bush HA (the tolerated trespasser trilogy) at 9.45am on Wednesday (links to a .pdf).
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on...
As the case of YL v Birmingham has been the subject of some comment on Nearly Legal I thought that readers may be interested to know that the Health and Social Care Act 2008 (Commencement No. 4) Order 2008 SI 2008/2994 has brought s. 145 of the...
Once again the issue of an applicant’s eligibility for benefits has come before the courts in Sylwia Kaczmarek v Secretary of State for Work and Pensions [2008] EWCA Civ 1310. I am sure that all those with an interest in housing law will...
From Usefully Employed (hat-tip) comes the news that the consultation on the Equality Bill proposes the introduction of indirect discrimination as a category, which would help with the horlicks that the Lords made of the 1995 Act in Malcolm v...
The FSA has issued a warning letter to all mortgage lenders and mortgage administrators advising them to get their houses in order, so to speak, over possession actions and arrears management. This is in line with the rather underdeveloped...