More results...
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On...
Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal's current...
In Waltham Forest v Maloba [2007] EWCA Civ 1281, the Court of Appeal has revisited the issue of 'reasonable to occupy' in terms of the homelessness provisions of Housing Act 1996. Briefly, the facts were that Mr M had lived in the UK since 1989 and...
In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick's main judgment: A constructive trust can arise...
A quick outline of a busy news day... The Court of Appeal says that (some) provisions of the Legal Services Commission's Unified Contract are unlawful, specifically the most sweeping of the unilateral amendment clauses. The judgment is pretty...
[Edit, time slightly later on. In the comments to her post Tessa suggests that the case discussed below was not a judgment at all but merely adjourned from the undefended list for a hearing of the issues. So none of what follows is of much...
We've been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to...
The judgment in Minister for Legal Aid v Main, R (on the application of) [2007] EWCA Civ 1147 might be of limited general applicability, concerning as it does the provision of 'special case' legal aid funding for inquests, but one passage in the...
[Edit. This was originally posted on Friday evening 16/11/07. Not that I'm getting all conspiratorial but it disappeared in the great site downtime and server change... There was also originally an image, which has vanished from the server and...
... were entirely due to a technical hitch. Admittedly a walloping great big technical hitch which lasted 3 days and was only resolved by the site being moved a new server and the Domain Name Server records being updated. But as of 11.30 pm on...
Hat tip to Cearta.ie for this extraordinary story from the Irish Times: Landladies ordered to pay students €115,000 in damages Simon Carswell 14 November 2007 Two Dublin landladies have been ordered to pay damages totalling more than €115,000 to 10...
After yesterday's note, an all too brief comment on an interesting Court of Appeal case defended by the firm of a regular reader/commenter, William Flack of Flack & Co. Wandsworth v Randall [2007] EWCA Civ 1126 The situation - son succeeds to a...