This may be one of the more esoteric points to be heard by the Court of Appeal on terms of a lease, but one of the issues in Newman v Framewood Manor Management Co Ltd [2012] EWCA Civ 159 was whether Mrs Newman was entitled to damages for loss of...
Service charges: the GLA speaks
You'll remember that, back in August 2011, the GLA announced that it was conducting a review of service charges in the capital (see our note here) and that the evidence included a panel discussion which was broadcast across the internet (see here). The final...
“Tenting on the Old Camp Ground”
Babenko v Ukraine Appn No 68726/10 of 4/1/12 is an ECHR Chamber decision which looks at the relationship between an applicant's right to social housing from the state and Art 1 of the ECHR First Protocol. The Applicant was a WWII veteran who registered in...
Rumour has it…
Keep your eyes out for Khela (by his LPA receiver) v Dainter, Birmingham County Court, 29.2.12, which HHJ McKenna has just transfered into the Court of Appeal. It's an appeal against a s.21 possession order made under the accelerated procedure in which Ms...
Vulnerability permissions to appeal
The Pereira test is not exactly easy to apply and equally difficult to challenge on a first appeal. In Kata v Westminster CC [2011] EWCA Civ 1456 and Simpson-Lowe v Croydon BC [2012] EWCA Civ 131 (neither are on baili or westlaw, but are on Lexis; Kata is...
Pay attention at the back
Lawton v 55 Elgin Crescent [2012] UKUT 62 (LC) is one of those cases that you read and think "what on earth was the Tribunal doing?" Luckily, the UT(LC) has stepped in to put the matter right. If only the LVT had paid a bit more attention... Ms Lawton is the...
Homelessness, proportionality and children
A very welcome guest report on this s.204 Housing Act 1996 Appeal by Alice Hilken of 1 Pump Court, who acted for the appellant, instructed by Rahman & Co. Kumaning v London Borough of Haringey December 2011, Central London County Court, HHJ Saggerson The...
Access to justice, between 11 am and 1 pm only
As of April 2012, all Civil and Family Courts in the London region (and apparently throughout England and Wales) will be changing the opening times of the court desks. They will be open only between 11 am and 1 pm. According to HMCTS: Court users attending...
What is “Sheltered accommodation”?
I confess never to have thought too deeply about this question, but it is clearly important and not exactly free from doubt. In Oxford CC v Basey [2012] EWCA Civ 115, the question arose for the Court of Appeal in the context of the range of payments which...
Local pitches for local people
R (McDonagh) v Hackney LBC , Administrative Court, February 15, 2012 [not on bailii - taken from a Lawtel note] concerned a claim for judicial review brought by a traveller against Hackney's policy regarding the allocation of its caravan pitches for...
Pigeons in the flat alas*
Siveter v Wandsworth LBC (2012) CA (Civ Div) 16/02/2012 [Not on Bailii yet, just a Lawtel note] S was the secure tenant of Wandsworth in a 4th floor flat. She had complained to Wandsworth about pigeons nesting outside her flat, in a cupboard that had an...
Glad To See Y’Back Again?
Gladysheva v Russia (App. No. 7097/10) Courtesy of the always excellent ECHR blog, comes an interesting Strasbourg decision, particularly in relation to the question of just satisfaction. It has, regrettably, taken me ages to write this up. Any students who...