Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin) [Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing] This is by any measure an unusual case. It is a judicial review...
All the blog posts, most recent first
Routes of appeal from possession claims
In Southwark LBC v Ofogba [2012] EWHC 1620 (QB) Hickinbottom J clarified the routes of appeal for appeals against orders arising in possession claims. Facts Briefly, Southwark brought a claim for possession against Mr Ofogba on the basis of rent...
Disability and possession
This is a short note of O'Connell v Viridian Housing [2012] EWHC 1389 (QB) - it's short because it goes nowhere really and the facts were not exactly great. Ms O'Connell is partially sighted and suffers from depression. She had occupied supported...
Not smelling of roses
Dobson & Ors v Thames Water Utilities Ltd (No 2) [2011] EWHC 3253 (TCC) This is very late as a post. My excuse is that the judgment runs to well over 200 pages, it is very complex and, frankly, other stuff happened. This has sat as a part...
Outside the Boxall
This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson's view on JR costs, the Court...
Care needs, eligibility and human rights
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) This was a judicial review of RBK&C's refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an...
Proportionality, Section 21 and starter tenancies
Another RSL 'starter tenancy' and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited - v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've...
“About to be in need” and prospective care assessment
This is a quick note on the effect of NM, R (on the application of) v London Borough of Islington & Ors [2012] EWHC 414 (Admin) on when a Council is required to carry out an assessment under section 47 of the National Health Service...
Auto-bids and Lettings Choice
The Administrative Court has recently given judgement in the conjoined applications of Rouse Tout a Tout and Heff v LB Haringey, which concern the lawfulness of the auto-bid system operated by LB Haringey in the allocation of their permanent...
Proportionality and bankruptcy: On fish and terrapins
One question (of the many) arising from the watershed that is represented in English and Welsh law by Pinnock is just how far it extends. We hope to have a Court of Appeal decision on private landlords and the application of proportionality...
When does a houseboat become a “hereditament”?
In Reeves v Northrop [2012] EWHC 415 Admin, this precise question arose in the context of an appeal by the valuation officer (Reeves) against a decision of the Valuation Tribunal. It's a little off the beaten track for us (a council tax appeal)...
Successful gateway (b) defence!
London Borough of Southwark v Hyacienth 22.12.2011 is that incredibly rare, beautiful thing: a successful gateway (b) defence to a mandatory possession claim in relation to an introductory tenancy. At least, I think it is: unfortunately, it's not...