Not fixing a hole where the rain gets in…

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, but the principles and issues involved are equally applicable for residential properties. Horridge (H) […]

Landlord liability for nuisance

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 nuisance to proceed in Brumby v Octavia Hill […]

Measuring a measured duty

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 finding that Rochdale had a measure duty of […]

No room for ravers

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 that noise from a bar operating in a part of the house that […]

Trigger happy?

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 (b) defence in the higher courts (after Doherty itself and McGlynn).  There are […]

It's a confused world out there…

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 bewilderment at what was behind the question… It is […]

Disrepair miscellany

The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt. We’ve covered most of the cases here, but there are some others that are well worth a mention… Brunskill v Mulcahy [2009] EWCA Civ 686 (no link) This was a claim under S.11 Landlord and […]

Activate the trommel!

Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] EWHC 2885 (Admin) This was an application for judicial review by Ethos Recycling of a District Judge’s decision in the Barking and Dagenham Magistrates’ Court given at Havering Magistrates Court, dismissing Ethos Recycling’s appeal against an abatement order served by LB Barking and Dagenham. Ethos […]

Stog stog, I'm in Exeter*

We are not actually in Devon, just for clarity, but in Concord, Washington, Tyne & Wear. I happen to know Concord, which is both ill-named and if one is honest, probably at the negative end of the architecturally charming list. But I won’t hear a word against the people of Concord, who are frequently wonderful, […]