[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court - this latter point is not clear but reliable sources say County Court] [Edit 18/09/08. In the...
All the blog posts, most recent first
Weaver un-appealed?
[Edit 16/09: We now have contrary information, also 'authoritative' in source, also unconfirmed, that the appeal is going ahead. So, until we have further info, your guess is as good as ours.] Thanks to Ethan at 'That Snail..' for passing on...
Alternative sites – the burden of proof
South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 was an appeal of a High Court decision on Judicial Review of the decision of an Inspector in the appeal of a planning...
CBL Guidance – More Thoughts …
Well, Nearly Legal asks and the CLG deliver. We posted a note on 12 August, when not much was happening, asking why the new CBL guidance hadn't seen the light of day (with some scurrilous thoughts), and a couple of weeks later it was published...
Unsung heroes?
Under the banner of 'Unsung Heroes', LAPG is inviting nominations for the 6th annual Legal Aid Laywer of the year awards. The categories are Criminal Defence Mental Health Family Legal aid firm/not-for-profit-agency Young Solicitor Barrister...
S.190 homeless duties and JR costs
I'd managed to miss this one somehow, so thanks to the Garden Court bulletin of August for mentioning it. R (Dumbaya) v Lewisham LBC [2008] EWHC 1852 (Admin) was the end point of a rather messy sounding set of proceedings. The Claimant had been...
Choice Based Letting Guidance
The Department for Communities and Local Government has released new guidance for local authorities in regard to the operation of choice based lettings (CBL) schemes. This link is to the PDF of the Guidance. A post with an initial consideration of...
And the 23rd Claim…
As a tale of vexatious litigants, HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) has it all. Mysterious changes of identity, admitted perjury, repeated applications for judicial review of refusals to give permission to appeal, and...
Hey! That's my window.
Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF] This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord. The landlord council wished to replace...
Harvey v Bamforth – request for further information
Harvey v Bamforth, Sheffield County Court, Estates Gazette, 23 Aug, 2008, pg 22. The introduction of the Tenancy Deposit Scheme ("TDS") was one of the more positive reforms to housing law in recent years. It has previously been discussed by NL here...
Pre-emptive possession orders
Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 was a case concerning travellers encamped on Forestry Commission land. Some of the travellers had previously camped on a nearby patch of Forestry...
Having regard…
M & M Savant Limited v Brown and others LRX/26/2006 It is a shame that this case was decided in 2008, and not in 1998 when it would have had a much greater relevance. It contains a comprehensive analysis of s.20 Landlord and Tenant Act 1985...