The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the...
All the blog posts, most recent first
Misc – possession and mediation, money and remediation
The HMCTS mediation pilot on possession claims started on 1 February 2021, with the idea that it will ease the backlog of possession claims in the county courts by allowing resolution of landlord and tenant disputes outside of the full possession...
“Do you remember the first time?” Local connection and second applications
In this irrationality challenge, R(Minott) v Cambridge City Council (2021) EWHC 211 (Admin), the High Court rejected Mr Minott's claim that his unlawful occupation of a property gave him a local connection to Cambridge. It also rejected his...
New last minute rule changes! (Well, directions)
It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was updated this afternoon, 29 January 2021, on...
Lancashire Hot Pot – waiver of forfeiture and landlord knowledge of breach
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on...
And no returns…
Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC) A county court case of duelling injunction applications concerning Ms Merritt's (re)occupation of what had been temporary accommodation arranged by Thurrock and managed by Midos Managment...
Trying to shoot the messenger.
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite...
Lost on (civil) penalties: Sutton v Norwich in the Court of Appeal
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil...
Ping Pong and fire safety
Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since...
Eviction Stay Redux
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...
Prescribed information and signing as a company – erratum/update
We looked at Northwood Solihull Ltd v Fearn & Ors (2020) EWHC 3538 (QB) in this post (now with an addition) and I discussed it in this video. But it turns out there is something a bit problematic about this High Court decision. The High Court...
Leasehold reform in prospect – part 1
The Government has today announced plans for forthcoming legislation on leasehold reform as an initial step on a programme of reform that broadly follows the Law Commission reports and recommendations. What was announced today is that there will be...