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One of the best known judgment in the English speaking world is Miller v Jackson [1977] QB 966. The start of the judgment of Denning LJ (for it is he) is worth setting out, just to remind you all: In summertime village cricket is the delight of everyone....
Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why - sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an...
As is now pretty well known (and as I noted in the comments below this post) Wandsworth Council apparently made a bid to bring the first riot related possession proceedings. There are some things about Wandsworth's behaviour that should be pointed out, but...
Thomas & Ors v Bridgend County Borough Council [2011] EWCA Civ 862 This Court of Appeal case might be rather limited on its facts, but there are some broader issues and it is interesting. The appeal was of a preliminary issue, whether the Claimants'...
X, Y & Z v the United Kingdom - 32666/10 [2011] ECHR 1199 The long and sorry story of X & Y v Hounslow appears to have reached an end. As you will recall, this was the case that resulted from the horrendous abuse of two highly vulnerable Hounslow...
Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777 Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial premises,...
The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in...
The Court of Appeal has considered in detail the interpretation of ground 14A
Lambert & Ors v Barratt Homes Ltd & Anor [2010] EWCA Civ 681 This was the Court of Appeal hearing of an appeal by Rochdale MBC (the anor in this case) against the judgment of HHJ Grenfell in the Technology and Construction Court. The issue was the...
Oluić v Croatia (application no. 61260/08) is a decision of the First Section of the European Court of Human Rights demonstrating, if further evidence were needed, that Croatia, housing and article 8 just don’t get along all that well. Mrs Oluić complained...
In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon's decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of a gateway...
And for the new year, it seems an opportune moment to delve into the Nearly Legal search logs in a vaguely quixotic attempt to provide answers to some of the questions that brought people here. Alternatively, where this is not possible, we can stare in mute...