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Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren't any), the ECtHR has decided to put a large stick in the spokes. As many...
As a follow-up to the mortgage repossession post below, I've just spotted a sad story on Landlord Law blog. Tessa had a case in which private tenants discovered, when the bailiffs turned up, that the property they had just rented was subject to a...
Or, to be precise, when does a Suspended Possession Order for rent arrears cease to be enforceable? In broad terms, the answer is clear - when all sums due under the order have been paid off. But when is that? After Marshall v Bradford MC, it is...
Mortgage repossessions are rising at the fastest rate since 1991. According to the MoJ quarterly figures [pdf]: Possession claims in the first quarter of 2008 were 38,688, 7% more than in the last quarter of 2007. The rise over the last year was...
That's disinterestedness, not uninterestedness, should anybody who went to school after about 1990 be reading this. Does nobody really read Kant any more? But, in a rather dismal demonstration of the trope of irony, this is likely to be an outright...
Thanks to Housed and Garden Court's bulletin for the pointer to this Ombudsman's report [pdf] on Cardiff's failure to provide temporary accommodation pending enquiries on what was a prima facie case of 'not reasonable to remain' homelessness....
William Flack has made another considered post on the issue of mental capacity for the purposes of Civil Procedure Rule 21 on his blog. He has also begun a wiki on the topic, which could be a very useful step. (For those not sure what a wiki is,...
Nick Holmes of Binary Law, renowned throughout the legal information tech world as being a very nice man indeed, has been generous enough to include Nearly Legal as one of his Blawgs of Note in an article for Legal Executive Journal, April 2008....
The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this...
So, then Omar v City of Westminster [2008] EWCA Civ 421 Briefly, the facts were that Mr Omar made a homeless application to Westminster. His household consisted of his wife and his infant son who had just been born and was, at the time of the...
I previously mentioned a Garden Court report on Omar v Westminster. There is also a brief Times report here. The full judgment is now out on Bailii and is interesting. Omar v City of Westminster [2008] EWCA Civ 421 (03 March 2008) on reviewing...
With grateful thanks to JacquiG at Bloody Relations. I couldn't resist, what with this apparently being exam season for the wannabe lawyers and all..