We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a...
Like a blind man searching for a black hat in a dark room
Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages. Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 ("the property"). The property was converted into...
Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served...
Intermittently exposed
Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988....
Such Sweet Surrender
I'd missed this case from a couple of months ago and it would be fair to say it doesn't concern our usual kind of tenancy - the rent was £390,000 a year and complaints of disrepair concerned a malfunctioning swimming pool - but it does address the conditions...
Emergency remedial action
In Luton Borough Council v Universal Group we have the first (and almost certainly last) decision of the Lands Tribunal under the Housing Act 2004 on appeal from a Residential Property Tribunal (or RPT). 15-17 Chapel Street, Luton is (or was) consisted of a...
Bankruptcy and disrepair
In the end, I couldn't resist writing this one up from the report in January 09's LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting. Lambeth LBC...
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 upheld, but in...
Hey, you asked…
Another in Nearly Legal's sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling 'crinoline flint', which perhaps gives more insight into the searcher than one...
Views and news from Hlpa meeting
The Hlpa meeting tonight (17/9/08) was a particularly interesting one, on the topic of disrepair. Talks were from Mel Cairns, Andrew Brookes of Anthony Gold and Marina Sergides of Garden Court. Among the end of meeting news items were: The current intent is...
Retrospective CFAs
Forde v Birmingham City Council [2008] EWHC 90105 (Costs) In brief, where a firm had asked a client to sign a second CFA for a disrepair claim, at a time when it appeared that the first CFA might be found unenforceable, and the second CFA provided for a...
Disrepair – One bite at the cherry
Onwuama v Ealing LBC [2008] EWHC 1704 (QB). The Claimant made a claim for s.11 disrepair (in person), alleging dampness and electrical problems. No expert evidence was put forward as to the cause of dampness. The claim largely failed as the Judge found the...