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...
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...
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...
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...
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)...
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...
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...
Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9...
HLPA Conference
The Housing Law Practitioners Association ("HLPA") host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at...
Here be dragons
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration. Wandsworth v Rashid...
What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not 'pure' housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social...
Request for info
Garden Court's bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant's legal interest in land is by the...