The housing/social services relationship is one of the "hot topics" in housing law at the moment and, before we come to R (on the application of A) v Coventry City Council [2009] EWHC 34 (Admin), a bit of background is needed. A bit of background...
All the blog posts, most recent first
Retrospective CFAs on appeal
Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge...
Families, eh
The one key message of property law is never trust your family. Mirza v Mirza [2009] EWHC 3 (Ch) is a further example of this truism and I can only marvel at the way Stephen Smith QC, sitting as a Deputy Chancery Judge, dealt with the case. The...
Expanding the Public Law defence, a bit
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London...
Discretionary Housing Payments
R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin). A Discretionary Housing Payment (DHP) is a discretionary payment made by a local housing authority to a person who is (a) in receipt of housing benefit or...
Payments to return and Art 8.
AC, R (on the application of) v Birmingham City Council [2008] EWHC 3036 (Admin) was a judicial review which concerned funding for an illegal overstayer and her family under s.17 Children Act 1989, although it would also apply for s.20 funding. The...
Avoiding s.20 duties to children?
I am strangely and unaccountably late with this one - I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year...
Catch-up miscellany
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on...
The powers of the appellate court
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB), and [2008] EWCA Civ 1501. We seem to have missed this important case when it was at High Court level. Sorry about that. An appeal against the High Court judgment has just been...
Varying an ASBO – an (un)appealing option
We here at NL still haven't decided how much ASB law to cover on the blog. On the one hand, only possession proceedings and s.153A-E Housing Act 1996 injunctions could be said to be 'true' housing law. But, on the other, ASB remedies are, to a very...
Manchester CC v Moran – Lords appeal
One of Nearly Legal's band of information elves (sorry H) brings news that Sharon Moran in Manchester City Council v Moran [2008] EWHC Civ 378 has been given leave to appeal to the Lords. This was the important Court of Appeal case on women's...
Trying to avoid Council Tax liability by not being a tenant
In what might be described as an audacious, or perhaps foolhardy, appeal from the Valuation Tribunal, Mr Jackson sought to challenge his liability to pay Council Tax in Jackson v Cambridge City Council [2008] EWHC 2529 (Admin). Normally, this...