This is, I accept, slightly cheeky, but it occurred to me that our readers might like to apply for the job of President of the new First Tier Tribunal (Property Chamber). Salary is £138,548 (and a judicial pension). The successful candidate will provide the...
Giving 110%
We wouldn't usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has - and is intended to have - implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded damages...
Trespassers and Article 8
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...
Private sector Art 8 – another one?
News reaches us here at NL towers of another private sector Art.8 case (following Khela v Dainter, our note here). Details are sketchy, but it seems that Central London County Court was dealing with a possession claim against squatters. The CJ is said to...
Discharging leasehold covenants
Restrictive covenants are, in broad terms, contractual restrictions imposed on the current user/owner of land, often imposed by a former owner of the same land (e.g. Mr A sells a field to Mr B, but includes a covenant preventing Mr B from building flats on...
Barnet’s brave new dawn
And, like a sudden, startling and slightly embarrassing squeak from a vinyl sofa, flexible tenancies are here! London Borough of Barnet have announced, in a manner which suggests absolutely no political motivation behind the decision at all, the 'end of the...
Refusing irrationally
May, R (on the application of) v Birmingham City Council [2012] EWHC 1399 (Admin) When can a Local Authority refuse to accept an application as homeless? This was a judicial review of Birmingham City Council's refusal to accept a homeless application by the...
Deckchairs/Titanic: New Allocations Code
The new allocation code of guidance was published by DCLG today - it had been trailed a little and the smiling face of Grant Shapps appears in a Murdoch rag today (he tweeted the story this morning). There are some interesting snippets in it but, in truth,...
The Cold Renormalisation
Liverpool City Council v Kassim [2011] UKUT 169 (LC) A thank you to the EHP who brought our attention to this case. The full decision is also available as a pdf at the end of their post until the Lands Tribunal catches up. Mr Kassim owns a rented flat. It...
The Only Way in Essex
[amended on 4/7/12] This is a note of a homelessness appeal which was heard on 9/3/2012 by HHJ Worster in Birmingham County Court. The case was run by the Community Law Partnership and by counsel, James Stark, who kindly provided a transcript of the...
The Norwegian Blue
Lindheim and others v Norway 13221/08 & 2139/10 is a case about leasehold enfranchisement, Norwegian style. I wanted to cover it because it might have some relevance to domestic enfranchisement law* and because there are references to a proportionality...
Introductory tenancies and s129 reviews – no conditions please
London Borough of Camden v Stafford [2012] EWCA Civ 839 This case revolves around the question of whether a review under s129 Housing Act 1996 does or doesn't uphold the original decision to serve a notice. In particular, when the decision may state that the...