The answer appears to be when it is only for access! Bristol City Council v Digs (Bristol) Ltd [2014] EWHC 869 (Admin) We first reported on this case briefly as a decision of the Bristol Magistrates Court. It has now been appealed by way of case...
All the blog posts, most recent first
Article 8 and the Private Sector
In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in...
Bedroom tax notes, only just out of date.
I was one half of a seminar at Garden Court Chambers on Thursday last week on the bedroom tax for housing advisors. The excellent Liz Davies of Garden Court tackled the Court of Appeal decisions in MA & Ors and the benefit cap judgment in SG...
Basically, we are all…
Associated Electrical Industries Ltd v Alstom UK [2014] EWHC 430 is the latest case to be handed down in the post Jackson/Mitchell dystopian legal world (see here, here and here for our other notes). Andrew Smith J (who you may remember was one of...
Discharge of duty by helping eviction.
This sounds like a rather odd case, noted on the Garden Court bulletin. It is a refusal to grant permission for Judicial Review of a Council's refusal to carry out a review of the method it had decided upon to discharge its full housing duty. Still...
Gopee & Barons Finance. Return of the Mackie QC
The interim judgment in the Mercantile Court proceedings that gave rise to the Order I posted a few days ago has appeared on Bailli. Barons Finance Ltd & Ors v Numerous Defendants [2014] EWHC 138 (QB) There is quite simply too much to deal with...
Homeless Counties
A brief note on what I think was a homelessness s.204 appeal, but have only a local newspaper report to go on. The issue was the status of the review officer, and specifically, whether St Albans District Council had, as it purported to do,...
Impossible Preference: Excluding the homeless from housing lists
R (Jakimaviciute) v LB Hammersmith and Fulham [2013] EWHC 4372 (Admin) [Not generally available yet. I've seen a transcript] This judicial review permission hearing raises very significant issues for post Localism Act Council allocation policies....
Imported words.
The Greeks have a word for it, and if they don't the Germans can probably knock one together. On the menu for today are hubris, nemesis, Schadenfreude and harmatia. Harmatia Our friends 'Charles Henry', the not-solicitors, appear to be determined...
‘We are the world’- Brent LBC
One test for establishing succession to a secure tenancy by a gay partner (not being a civil partner) has been established since Nutting v Southern Housing Group Ltd [2004] EWHC 2982 (Ch). This test is "that the relationship must be openly and...
“Charles Henry & Co” & “Legal Action”
[Update 24 August 2014. For an intriguing update on Charles Henry and Legal Action, see here.] Anyone who encounters 'Charles Henry & Co' or 'Legal Action' (Not to be confused with Legal Action Group!) in the course of litigation, or has an...
Shorthold tenancies and council tax liability
If a tenant on a statutory periodic tenancy stops living in the property, but the tenancy is not ended, who is liable for the Council Tax? CT v Horsham District Council (HB) [2013] UKUT 617 (AAC) This was an appeal to the Upper Tribunal from the...