Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on...
HB round up
Three decisions of the Administrative Appeals Chamber of the Upper Tribunal on HB matters stand out: SS v North East Lincolnshire Council (HB) [2011] UKUT 300 (AAC); MB v Royal Borough of Kensington & Chelsea (HB) [2011] UKUT 321 (AAC); MR v Bournemouth...
Fairness for hedges
R(Pelling) v Newham LBC [2011] EWHC 3265 (Admin), 28.10.2011 (not on Bailii yet) It's fair to say that I have an unnatural (purely) academic interest in high hedges - my colleagues laugh every time I try to discuss it sensibly. I've always found it...
To let or not to let
An interesting and novel first instance case has recently emerged from Reigate County Court. Minter v Mole Valley District Council was heard by DJ George on 25th May 2011 and it was reported in the papers here. The facts in summary are as follows: M...
Taken out does not mean taken over
Secretary of State for Work and Pension v Neera Mohammad [2011] EWCA Civ 1358 [not available on Bailii yet] This is a case which turns very much on its facts and as far as the Income Support claimant is concerned, turned out badly. Mrs. M. was the divorced...
Nec vi, nec clam, nec precario
In London Tara Hotel Ltd. v Kensington Close Hotel Ltd [2011] EWCA Civ 1356 the dispute involved two hotels located in Kensington (the Kensington Chelsea Hotel (“KC Hotel”) and the Copthorne Tara Hotel (“Tara Hotel”)) and concerned a private road (owned by...
When should an offer be ‘suitable’?
Abed v City of Westminster [2011] EWCA Civ 1406 Is an offer of temporary accommodation under s.193(5) Housing Act 1996 unlawful if the Local Authority has not assessed the suitability of the accommodation before making the offer? This was the issue before...
Transfers and allocations: Pt 2 (a footnote)
We reported on the interesting High Court decision in Babakandi v Westminster CC [2011] EWHC 1756 (Admin) (a post-Ahmad challenge to Westminster's housing allocation scheme) and made a few observations of our own on the judgment, most notably regarding the...
“Landlords from hell”
Just a quick note to remind people that the second of Channel 4 Dispatches on 'Landlords from hell" is on tonight at 8.30. It is billed as: Jon Snow and a team of undercover reporters find out what really happens to those desperate to find a home, now that...
Land Registration and its circumvention
Chaudhary v Yavuz [2011] EWCA Civ 1314 It is a basic principle of land registration, reinforced by the Land Registration Act 2002, that the holder of an adverse interest to a title should protect that interest by entering a notice on the register (unless...
Sometimes Turning Up Is Optional
Hardy & Anor v Haselden & Ors [2011] EWCA Civ 1387 Excuse the (slightly flippant) title which is a backhanded reference to a recent post by NL. This is actually a slightly sad case. It is also slightly convoluted set of facts so you will have to bear...
That must be annoying
Butt v LB Hounslow [2011] EWCA Civ 1372 is, frankly, daylight robbery. You'll remember that in Bubb v Wandsworth (our note here), the Court of Appeal made clear that the county court on a s.204 appeal should not start finding facts. Ever. So, we come to...