Secretary of State for Environment, Food and Rural Affairs v Meier and another and others and another and another [2009] UKSC 11 A Supreme Court Judgment handed down today, 1 December 2009. This was an appeal from the Court of Appeal, [2008] EWCA Civ 903,...
Shop an unlawful sub-tenant, win £500
The Government has decided to have a campaign against unlawful sub-tenancies of social housing, or rather against the unlawful landlords and tenants both. The estimated figures are that between 50,000 and 200,000 social properties are occupied by...
An Englishman's room is his castle
Thomas v Director of Public Prosecutions QBD October 23, 2009 (apparently only reported in the Times, although I swear I saw it somewhere else too). This was an appeal by way of case stated against conviction for obstructing a police officer. Mr Thomas lost...
Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin) The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who,...
Central Beds v Taylor – Supreme Court permission refused
Central Bedfordshire Council v Taylor & Ors We've just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay...
Thoroughly premature planning injunction…
Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated...
Request for info: Powell v Hounslow
We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession proceedings. We...
Of Car Parks, Caravans and Councillor's commitments
The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099 This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of...
Peverse incentive
We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...
Arm's length discrimination (or not)
Odham's Walk Residents Management Ltd v Westminster City Council [2009] EWHC 1712 (Admin) is not a housing case per se, but is of interest. The applicant, a TMO, manages an estate of Westminster's housing stock as Westminster's agents under contract. The...
Not seriously arguable
Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller's...
Kay re-stated
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...