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...
All the blog posts, most recent first
Mortgage possessions – Gordon feels your pain
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...
The value of disinterest
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...
Cardiff homeless – tactical lessons?
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....
Mental Capacity
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,...
World famous round here 2
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....
While waiting for Weaver 2
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...
Fair and commonsense reviews
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...
Report to come…
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...
Noted for their rigour
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..
On use and abuse
Thanks to a reader, I have just noticed that another blog, albeit one now apparently defunct, had used significant chunks of a post of mine unaltered, without attribution and as if the material was theirs. I'm used to the spam blogs that rip off...
‛simply wrong-headed’
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and...