It is a truth universally acknowledged…

…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 above. White v Quadrant Brownswood Tenants Co-op […]

Champerty Returns

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, maintenance is where a third party agrees to fund the suit of […]

A comedy of errors

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 chasing. As will become clear, I lean towards the second option… RH […]

Get Set (Off)

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 and us however as the case is useful. What is in there […]

Catching up with 2010 Part 1 – disrepair

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 County Court 26 August 2010 S was the tenant […]

There’s no place like HMO

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 33 London Road was found by Reading BC to be […]

New evidence of disrepair – Ladd v Marshall revisited

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 County Court disrepair claim against an RSL that we first reported here. We are informed that […]

I’m just venting

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 – what appears to be – a preliminary issue/strike […]

Fair limit on damages for ex-TTs?

Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010 This case is reported in the October 2010 ‘Recent Developments’ in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act 2008 to have a period of tolerated trespasser-hood treated as a continuous tenancy with […]

An offer you can refuse*

*but it remains open. Not a housing post per se, but this case concerns Part 36 offers which are a vital tool in any disrepair or nuisance claim or counterclaim, so worth a brief note for practitioners. Gibbon v Manchester City Council [2010] EWCA Civ 726 Two joined appeals on the issue of the construction […]