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Two very recent Court of Appeal judgements have looked at the extent of a Local Authority's obligations under Reg 6(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999: Maswaku v Westminster CC and El Goure v RB Kensington...
[Edited 16/05/2012 to correct the s.47(2) point] Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC) is, I suspect, going to cause some sleepless nights for managing agents of long leasehold properties (and, possibly, some other agents and...
This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson's view on JR costs, the Court of Appeal...
Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception...
Just a brief note on this. As yet no transcript. This is another example of a fairly robust antisocial behaviour decision being upheld on appeal and it reinforces the well established principle that an appellant who is essentially attacking the discretion of...
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) This was a judicial review of RBK&C's refusal to provide support under s.21 and s.29 National Assistance Act 1948 and indeed to carry out an assessment...
Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I'm not sure there's much to see there — one of the team said that he was not "remotely excited about it". But it caught my...
Magnohard Ltd v Cadogan and others [2012] EWCA Civ 594 is yet another case dealing with whether a property can be a "house reasonably so called" and, hence, capable of being enfranchised under the Leasehold Reform Act 1967. There is quite a lot of law on...
The Stephens Island Wren is no more. It has gone. Extinct. Wiped out. Destroyed. And, at least according to folklore, by a cat named Tibbles. That's not really relevant to the case of Tibbles v SIG Plc [2012] EWCA Civ 518, but, as this is my blog post, I can...
The April edition of Legal Action brings news that Hurst v UK has settled. As will be seen from the ECtHR’s Statement of Facts and Questions to the Parties Hurst involved a secure tenant who murdered a neighbour, the applicant’s son, during the course of...
Another RSL 'starter tenancy' and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited - v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We've seen a...
R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals. MD was an asylum seeker. The Secretary of...