Thanks to Lex Scholasticus at Reductio ad Absurdum, I have been tagged with another blog meme thing. In a surprising bout of pre-new year generosity, I will both respond and entirely fail to tag anyone else. I am called upon to list 8 things I want...
In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick's main judgment: A constructive trust can arise...
Just a note. Comments to follow, asap. Court of Appeal: Wandsworth v Randall [2007] EWCA Civ 1126 Succession and possession for under-occupation. London Borough of Southwark v Dennett [2007] EWCA Civ 1091 Right to Buy, Delay and Misfeasance in...
Just a quick note on the Admin Court decision in Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin). The Anti-Social Behaviour Act 2003 modifies Housing Act 1985 and 1996 to allow a secure tenancy to be...
I'm flat out at the moment. Even my usual posting windows of a Saturday or Sunday have seen me either too tired or working to manage a post. So all I can manage is to point to two cases for Housing people's attention, to which I will return when I...
Mr Justice Munby has issued a stern statement on the use and abuse of ex-parte injunction applications to the Administrative Court in R (Lawer) v Restormel Borough Council [2007] EWHC 2299 (Admin). Covering failure to use the Pre-Action Protocol,...
A strong argument for not pursuing a case as a litigant in person can be found in this case. That said, hats off to the applicant for at least getting a Judicial Review hearing in person. Not least after turning up two hours late. There is an...
A few more details on R(Southwark Law Centre) v Legal Services Commission [2007] EWHC 1715 (Admin), which I mentioned a few days ago. First, it is worth noting that Mr Justice Collins effectively said that 'net rent' for the purposes of the LSC...
I meant to post about this one a month ago but got sidetracked. A case for any civil legal aid people to note. Funding Certificates are means-tested. Funding issued by practioners under devloved powers can be and is yanked by the Legal Services...
Head of Legal had an interesting post in response to my post on Hodge's outburst (the ramifications of which rumble on, including the BNP noting gratefully that they win whether the ideas become policy or if they are not carried through....
Local Authority allocation policy, as it applies to those to whom the Authority has accepted a duty to secure accommodation, is still being thrashed out in the Courts. Birmingham City Council is the latest to have their allocation policy found...