I'm led to believe that the landlord in Daejan Investments Ltd v Benson (our post here) has been given permission to appeal to the Supreme Court. Nothing confirmed on the UKSC website yet, but my source is usually quite reliable. I'm going to go out on a...
Housing benefit and non-disclosure
In Coventry CC v Vassell [2011] EWHC 1542 (Admin), the issue for Hickinbottom J, on appeal by way of case stated, was as to the mental element required to convict an HB claimant for non-disclosure of a change of circumstances affecting entitlement to HB...
A Not So Unlawful Eviction
R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to...
Unintended clarity from the DCLG
A leaked letter has emerged, sent from the DCLG to the office of the Prime Minister. The full text of the letter is here. Written by Eric Pickles' private secretary, apparently at Pickles behest, the letter sets out the DCLG's concerns at the effects...
Materiality, weight and the plans of the Secretary of State
R (Cala Homes (South) Ltd) v Secretary of State (No.2) [2011] EWCA Civ 639 is one that we may have missed when it first came out (or we decided not to do it - we can't quite remember now), but, given that I have some free time this morning, I thought I'd do...
Time is on my side (except in mortgage possession proceedings)*
Jayashankar v Lloyds TSB, Romford County Court, June 29, 2011. A short - and important - point on mortgage possession proceedings. It appears that Mr Jayashankar had a mortgage over his property in favour of Lloyds TSB. He fell into arrears (about £14K at...
Croatia, proportionality and history
Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file] This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle that where...
Speak up
Southall Court (Residents) Ltd v Tiwari and another [2011] UKUT 218 (LC) will, I suspect, become a bit of a landlord favorite case over the next few years as it contains two passages that they're likely to be rather pleased about. Southall Court is a block...
Dealing, closure and possession
Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011 While we are on County Court proceedings based on drugs and nuisance (see the previous post), this is a possession case following closure orders and allegations of dealing. Hat tip to...
Mudslinging, evidence and possession of different kinds
Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere] A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of...
Exquisite irony
Zinda v Bank of Scotland [2011] EWCA Civ 706 In short, as you all know, the combined effect of ss.36 and 8, Administration of Justice Acts 1970 and 1973 is to allow a court hearing a claim for possession based on mortgage arrears, to, amongst other things,...
Ask not for whom the bill tolls
So there we are - the Legal Aid bill, helpfully called the Legal Aid, Sentencing and Punishment of Offenders Bill, lurched into the light today, accompanied at the same time by the Consultation response [at the bottom of the page]. Some of us saw the bill...