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Winterstein v France 17/10/13 (judgement in French only) The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the Herblay region of France and had made it their home over...
R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] EWCA Civ 804 This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the...
The DCLG has trumpeted a new Guide on Council and Police powers on 'Dealing with illegal and unauthorised encampments'. A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim...
3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under the...
Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman's home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to...
In which two [now confirmed as four] Housing Associations behave very badly in anticipation of the benefit cap. Haringey is one of the pilot boroughs for the benefit cap, limiting the total amount of benefit, including housing benefit/LHA (and astonishingly...
There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the...
OK, so the title of this post may be an exaggeration of what is only a passing reference to an old friend in Fareham BC v Miller [2013] EWCA Civ 159. But it is interesting to see it used as part of the 'nuts and bolts' of an Article 8/proportionality...
Property Guardians seem to be a growth industry. If you haven't come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to...
IT IS NO PART OF THE COURT OF CONSTRUCTION TO IMPROVE A DOCUMENT HARRY FITZHUGH v ANTHONY FITZHUGH EWCA Civ 694 The Claimant and Defendant were brothers. They were joint administrators of their father’s estate. This consisted of a farm and land. Anthony and...
Seek and ye shall find. Thanks to Lindsay Johnson of Doughty Street Chambers we now have a transcript of the decision in Malik v (1) Persons Unknown, (2) Reynolds (3) Matthews (0UB00913, Central London County Court, HHJ Walden-Smith). Mr Malik was the...
Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception...