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It appears that the Court of Appeal is to hear a challenge to Practice Direction 51Z on 30 April 2020. The case is called Arkin v Marshall. a) this involves two claims for possession on residential mortgages, apparently by a receiver b) the...
A couple of Upper Tribunal appeal decisions on service charge issues, with the second of particular significance. Cookson v Assethold Ltd (LANDLORD AND TENANT - SERVICE CHARGES) (2020) UKUT 115 (LC) An appeal on section 20B Landlord and Tenant Act...
Practice Direction 51Z - the stay of all Part 55 possession proceedings and enforcement - has been amended with effect from 20 April 2020. A new 2A now excludes certain kinds of matters from the automatic stay for 90 days from 26 March 2020:...
LB v London Borough of Tower Hamlets (2020) EWCA Civ 439 A second appeal on a homelessness review, where a finding of intentional homelessness had been upheld, raising an important point on whether events or factors post-dating the decision or...
A couple of brief notes. In Opara v Olasemo (HOUSING - RENT REPAYMENT ORDER - unlawful eviction) (2020) UKUT 96 (LC), the Upper Tribunal corrected the First Tier Tribunal on its approach to the standard of proof on an illegal eviction and...
Hertfordshire County Council v Davies (2020) EWHC 838 (QB) An application on the issue of notice under CPR 83.13(8) on permission to issue a High Court writ. Mr Davies was a school caretaker. He and his family lived in a bungalow which was tied to...
Priorities In case you hadn't seen it already, HMCTS are publishing a daily operational summary on courts and tribunals during coronavirus (COVID-19) outbreak. This includes civil (County) court listing priorities. As of 15 April 2020, "Priority 1...
McMahon v Watford Borough Council (2020) EWCA Civ 497 (and Kiefer v Hertsmere Borough Council ) We saw the approach of the Court of Appeal to the operation of the Public Sector Equality Duty (PSED) in possession proceedings in Luton Community...
Luton Community Housing Ltd v Durdana (2020) EWCA Civ 445 Ms Durdana was a tenant of LCH. She faced possession proceedings under ground 17 Sch 2 Housing Act 1988 - that the landlord was induced to grant the tenancy by a false statement made...
James v Hertsmere Borough Council (2020) EWCA Civ 489 What can be addressed in a section 204 Housing Act 1996 appeal of a review decision? What is the scope of the jurisdiction? This second appeal provides answers, albeit in a rather phyrric way....
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This...
Following the announcement yesterday evening, here is the 117th Practice Direction Update to the Civil Procedure Rules – Coronavirus Pandemic related. This introduces Practice Direction 51Z The Master of the Rolls and the Lord Chancellor have...