Well, there's an oddity. The Protection of Freedoms Act 2012 Schedule 2 para 12(1) has repealed section 8(2) of the Landlord and Tenant Act 1985. The relevant provision is: Landlord and Tenant Act 1985 12 (1) Omit section 8(2) of the Landlord and Tenant Act...
Giving 110%
We wouldn't usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has - and is intended to have - implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded damages...
The Cold Renormalisation
Liverpool City Council v Kassim [2011] UKUT 169 (LC) A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands Tribunal catches up. Mr Kassim owns a rented flat. It...
What is the difference between a jacuzzi and a sauna?
This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for loss of...
Turning up is usually the best idea
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Shaken and Stirred
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an...
On legal aid and letters pages: bits from last week
Some bits and pieces from the last week that didn't quite fit in elsewhere. First - developments in the Legal Aid, Sentencing and Punishment of Offenders Bill. At the committee stage a large number of amendments were tabled, both by the Government and by the...
Standards in private renting: A bit of a mess?
My good friend, Alex of Alex's Archives, has sent me a link to a discussion in the GLA corridors of power on standards in the private rented sector. I haven't finished listening to the GLA debate, but, as Alex said in his email, it does expose some "shaky...
Getting Plastered
Grand v Gill [2011] EWCA Civ 554 At the risk of being mocked, or shunned, I must confess myself to be throughly excited. A Court of Appeal disrepair case! And on one of the great unknowns of disrepair liability to boot! Obviously, my wedding day 8 years ago...
Its Cold In There
Bristol City Council v Aldfrod Two LLP [2011] UKUT 130 (LC) The Upper Tribunal (Lands Chamber) has recently ruled on the proper use of improvement notices under the HHSRS. When I say recent I should actually say a little while ago. You can blame the recent...
The (Caveat) Emptor strikes back
"All his life has he looked away... to the future, to the horizon. Never his mind on where he was. Hmm? What he was doing. Hmph. Adventure. Heh. Excitement. Heh. A Jedi craves not these things. You are reckless" - Yoda Which brings us nicely to (1) Jenson...
Can we fix it? Yes we can!
I was in B&Q the other day, when a man in an orange overall came up to me and asked if I wanted decking... luckily I managed to get the first punch in. Ok, so that's not the greatest joke in the world (and, as my wife points out, I've never been to...