R (FZ) v LB Croydon [2011] EWCA Civ 59 -or- Not In My Admin Court We have written before about age assessments for those who might be under 18 - see most recently our post on R (CJ) v Cardiff CC and, prior to that, our post on the Supreme Court...
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Attaching weight to Mr Pickles
We noted round 1 of Cala Homes (South) Ltd v Secretary of State back in November (see our note here) in which the High Court found that Mr Pickles could not abolish Regional Strategies (e.g. "the south-west plan" governing the approach to, say,...
Not quite a right to buy
Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) From Lawtel. Not on BAILII yet. This is a slightly sad tale involving the exercise of right to buy by a council tenant. Ms Pritchard had entered into an agreement with Fineland...
Who knew?
Two cases on a similar issue to report, one in the High Court and one in the Court of Appeal. Both concerned Section 202 Housing Act 1996 reviews and both dealt with issues of the notification of the review decision. The cases are not available on...
Champerty Returns
Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25 Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy....
Fake ID and ‘Just for Men’: High Ct Judges play ‘guess my age’
I suspect that - at some stage - many readers of this blog will have pretended to be older than they actually are, usually to obtain alcohol or to get into night-clubs for the purposes of obtaining more alcohol/meeting the opposite (or same) sex...
Get Set (Off)
Fearns (t/a "Autopaint International") v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) This case was mentioned in the most recent edition of Legal Action's Housing law update but it is not a housing case. Bear with...
What’s yours is mine (in variable proportions)
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to...
Care and attention v keeping a watch over
SL, R (on the application of) v City of Westminster Council [2010] EWHC 3182 (Admin) A rolled up permission and substantive judicial review hearing on the issue of whether the local authority owed a duty under s.21 National Assistance Act 1948 (as...
On the fourth day of Christmas, my true love gave to me…
... a case about service charges, balancing payments, LVT procedure and precedent. In Holding and Management (Solitaire) Ltd v Sherwin [2010] UKUT 412 (LC), the Upper Tribunal (Lands Chamber) had to grapple with s.20B, Landlord and Tenant Act 1985....
A (council) taxing matter
Malik v LB Tower Hamlets [2010] EWHC 2921 (Admin) And so, another council tax/HMO appeal finds its way to the High Court. For those of you wondering why you've suddenly seen more of these in the last year or so, there are two answers: (a) a suddent...
Private Sector Accommodation and Part 7
Hanton-Rhouila v Westminster City Council [2010] EWCA Civ 1334 This was a second appeal from a s.204 Housing Act 1996 appeal which had been dismissed by a Circuit Judge. Mrs Rhoulia had applied as homeless to Westminster and the appeal was of...