Baxter v Doble & Anor (2023) EWHC 486 (KB) This was an application for committal for contempt of court for provision of legal services by a person not entitled to do so, arising out of a possession claim in Devon. It is of considerable...
All the blog posts, most recent first
Mea Culpa
I know, I know. Updates have been thin on the ground. I'm afraid it is the 'work and life getting in the way' thing again. I've got a lot on my plate and no time and/or energy to do case notes. So, in the meantime, here's a list of things that I...
Unravelling a mental health moratorium
Kaye v Lees (2023) EWHC 152 (KB) We've seen previous instalments in this matter here and here. The result of those was that Mr Kaye's eviction of Ms Lees after a charging order and order for sale was unlawful as the eviction was after notification...
Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had...
Crossing the line – what happens when the Care Act meets housing duties
Campbell, R (On the Application Of) v London Borough of Ealing (2023) EWHC 10 (Admin) This judicial review concerns the relationship between the Care Act 2014 and housing legislation, in particular the effect of s.23 of the Care Act 2014, which...
Leasehold Leftovers
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were...
Assessment of housing needs and cascading unlawfulness
YR, R (On the Application Of) v London Borough of Lambeth (2022) EWHC 2813 (Admin) Ms YR had applied to Lambeth as homeless. Her household consisted of her three children and four of her sister's children, A, her youngest child, is 6 months old; R...
Clicks, pops and nuisance
Tejani v Fitzroy Place Residential Ltd (2022) EWHC 2760 (TCC) This is another in what appears to be becoming a series (see previous post) of very expensive but failed nuisance claims. I will not go into great detail, but there are two lessons to be...
Residential care, succession and human rights incompatibility
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR. Ms Mailley was defending possession of...
Mere delicacy or fastidiousness?
Ray v Windrush Riverside Properties Ltd (2022) EWHC 2210 (TCC) An interesting trial judgment on a private nuisance claim that highlights the importance of the nature of the location and has a discussion of damages for non-resident claimants. Ms Ray...
Needs, not wishes – Housing Needs Assessments and Personal Housing Plans
ZK, R (On the Application Of) v London Borough of Havering (2022) EWHC 1854 (Admin) This was a judicial review of what was claimed to be Havering's failure to provide a lawful housing needs assessment and personal housing plan for Mr ZK, under...