North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or here] We noted this case was forthcoming a month ago. Judgement was given on 19 November. Thanks to James Stark, we've got a transcript. Thanks...
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Mr Pickles is unlawful and other bits
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest...
Actual occupation (part time)
The High Court decision in Thomas v Clydesdale Bank [2010] EWHC 2755 (QB) revisits a conveyancing questions addressed in many of well-known authorities which I might put crudely as: who gets the house, the bank or the wife? Mr Burtenshaw was the...
Not telling you..
R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet] This is a downright odd case, an application for judicial review where the Claimant's solicitors came off the record at hearing, Claimant's counsel (the in-the-circumstances...
Court of appeal to decide what is a protected caravan site
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. This is an important question because the Mobile Homes...
Pathway plans and duties
In R(A) v Lambeth LBC [2010] EWHC 1652 (Admin) (Claim 1) and [2010] EWHC 2439 (Admin) (Claim 2), Kenneth Parker J considered first whether it was proper for a personal advisor to complete a ChIldren Act 1989 pathway plan, and, secondly, the degree...
Allocations: Overwriting the effective date
One of the key things that choice-based lettings is designed to achieve is openness and transparency in housing allocation (or lettings, if you prefer). It does so mostly by using a relatively crude mechanism of determining priorities in and...
Accommodating ‘formerly relevant children’
SO, R (on the application of) v London Borough of Barking and Dagenham [2010] EWCA Civ 1101 I'm a bit slow in getting to this one (and the rest of our backlog). We're all more than a little busy. My apologies. This is the Court of Appeal hearing of...
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Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) We've been waiting for this one. Mutterings about the 'Birmingham email case' have been around for a bit. This is a judicial review which is something of a...
Homelessness – ‘due regard’ to disability
Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was...
Ain’t nothing like the real thing
Vickers v Jackson [2010] EWHC 2213 (Ch) A bit off our usual patch this one, but not too far and frankly I couldn't resist. Not least because I get to use the word 'Snook' without people pointing at me and laughing. Mr Vickers brought a claim in the...
What’s in a (Re)development
Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010) This is an interesting case from the District Registry in Birmingham. Although it actually concerns a commercial lease and therefore the Landlord and...