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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...
"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...
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...
Feeling cheerful? Good, we'll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics....
...that if a disrepair claim reaches trial these days, then one of three options must be true: a) there is a genuine and substantive issue of causation or liability (rare as hens teeth); b) one or perhaps both of the parties are mad; c) a combination of the...
Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25 Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy. Briefly,...
Following on from David's sort of disrepair related post below, here is another one - not directly a disrepair matter but bearing on terms of settlement. It is either quite significant or something of a farce of bad drafting, bad decisions and windfall...
Fearns (t/a "Autopaint International") v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) This case was mentioned in the most recent edition of Legal Action's Housing law update but it is not a housing case. Bear with Legal Action...
Part 1 of cases - mainly county court - that we have missed or not heard of during 2010. With our grateful thanks to Beatrice Prevatt of Garden Court for bringing these to our notice in her disrepair update at the HLPA conference: Shazad v Khan. Birmingham...
A brief trip to the Emerald City, or rather Reading, where the Borough Council may have established a record for a fine for breaches of The Management of Houses in Multiple Occupation (England) Regulations 2006 and the Housing Act 2004 Section 11. An HMO at...
Herelle v South London Family Housing Association Ltd, CC/2009/PTA/0737 (High Court Chancery Division) 20 July 2010 [Not reported elsewhere] Perhaps apropos of J's recent comments on RSLs 'fighting daft disrepair cases', we have an update on what was a...
Bilgili v (1) Paddington Churches HA & (2) Pathmeads HA [2010] EWCA Civ 1341 (only available on Casetrack, so far as I can tell, but noted in the GC bulletin [edit: eventually appeared on BAILII) is a refusal of permission to bring a second appeal in -...