Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant's costs incurred while following the disrepair pre-action protocol. It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre...
All the blog posts, most recent first
Notes on Doherty v Birmingham CC
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The...
Aaargh
Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman's Row...
Doherty handed down – more later
Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 That's 79 pages of reading to do...
Children Act – 'requires accommodation'
This is a significant case on whether Social Services or Housing Departments have a duty to accommodate a homeless child and whether a s.20 Children Act duty arises. G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 was...
A modest proposal
October, new post qualification job and all, is going to be something of a crunch point for this blog. Time, which has been very tight for the last few months, is simply not going to be available to keep Nearly Legal going in the same way. There...
Incoming
The House of Lords is due to hand down judgment in Doherty v Birmingham tomorrow (30/7). This will include their Lordships' first take on McCann v UK. I'm aiming to have some sort of case note up by tomorrow night. It will be the start of a busy...
Mentioned in dispatches
A couple of cases came up today, one at the Court of Appeal, one Judicial Review, that are of marginal or tangential relevance to housing law, but may well be of interest to some. I'm not doing reports but the cases are: Liverpool City Council, R...
Homeless maladministration
Garden Court's bulletin for 14 July (I'm catching up after the holiday) mentions a couple of interesting Local Government Ombudsman's reports on the operations of Homeless Units in Lambeth and in Haringey. Complaints 07/B/01138 & 07/B/05232...
Plaudit
I have been reading Usefully Employed's blog pretty much since it started. It was always an interesting read on employment matters and broader topics. But I have to say that since March, with a redesign, some added features like an EAT decisions...
Housing and Regeneration Bill
The Housing and Regeneration Act has now received royal assent. A full history of its passage through Parliament is here. 24/7 - the full text of the act is now up on the OPSI site [pdf]
Possession and evidence
North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for...