London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public law...
Damages or Restitution
Shi v Jiangsu Native Produce Import & Export Corp [2009] EWCA Civ 1582 (06 October 2009) While perusing our new copy of Legal Action here at Nearly Legal Towers we came across the above case which we had not previously spotted so it is presented here with...
Gateway (b), CPR 55.8(2), and disclosure: Brent LBC v Stokes
The Court of Appeal have refused permission to appeal in Brent LBC v Stokes [2010] EWCA Civ 626 (not on Baili yet) - we reported the High Court judgment here, which contains the summary of the facts and the important decision of King J. The case raises a...
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr...
Five go to Mornington Crescent
[aka Three out of the Five go ever so slightly bonkers on the way to Mornington Crescent, and one of those three gets lost on the way] On the Radio 4 show, I'm sorry I haven't a clue, there is a game called Mornington Crescent, in which there are no rules...
Coombes – an update
Thanks to the virtual telegraph, I've had the transcript in R (Coombes) v Secretary of State for CLG and Waltham Forest LBC [2010] EWHC 666 (Admin) for a few days (but it still does not appear on Baili, although, I gather, is available on Westlaw and the...
Repeat Players
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"] Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband) v...
Continued incompatibility
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing...
Rent Repayment Orders
As well as the process of criminal convictions and fines which results from the failure to have the necessary property licence as required by the Housing Act 2004 there is a further penalty which can be imposed on unlicensed landlords. This is the Rent...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the SHLA...
On possession, recovery and quia timet injunctions
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...