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Sibthorpe & Morris v LB Southwark [2011] EWCA Civ 25 Champerty and maintenance are two common law doctrines relating to the funding of civil claims. They were, at one time criminal offences, but now survive only as a matter of public policy. Briefly,...
Following on from David's sort of disrepair related post below, here is another one - not directly a disrepair matter but bearing on terms of settlement. It is either quite significant or something of a farce of bad drafting, bad decisions and windfall...
I suspect that - at some stage - many readers of this blog will have pretended to be older than they actually are, usually to obtain alcohol or to get into night-clubs for the purposes of obtaining more alcohol/meeting the opposite (or same) sex with the...
Fearns (t/a "Autopaint International") v Anglo-Dutch Paint & Chemical Company Ltd & Ors [2010] EWHC 2366 (Ch) This case was mentioned in the most recent edition of Legal Action's Housing law update but it is not a housing case. Bear with Legal Action...
London Borough of Hackney v Findlay [2011] EWCA Civ 8 This was the Court of Appeal hearing of an appeal on the issues raised in Forcelux v Binnie [2009] EWCA Civ 854 [Our report here], specifically the Court's ability to set aside a possession order under...
The Landlord and Tenant Act 1985 contains various protections for leaseholders and assured tenants against unreasonable service charges (see, e.g. s.19, 1985 Act). By s.26, 1985 Act, tenancies granted by local authorities, National Park authorities or a new...
The Government Equalities Office has announced that the Public Sector Equality Duty will be in force from 6 April 2011. The Equalities Office page has links to the following documents: Draft regulations on the specific duties; Draft order amending Schedule...
The Localism Bill had a second reading in the Commons yesterday. One amendment (Labour) was tabled and defeated. Looks like the significant amendments will be made in Committee. Not - I must say - the best quality debate ever as it appears to have been...
Following on from the news that LEASE (the Leasehold Advisory Service - a quango) had not been granted funding to continue to advise the public on commonhold issues (see our note, here), comes the news that it is to stop offering mediation services in...
Hemphurst Ltd v Durrels House Ltd [2011] UKUT 6 (LC) is, I suspect, going to go on appeal to the Court of Appeal. Certainly, if you practice in the field of leasehold enfranchisement, it's one you'll want to know about as it's pretty important. In general...
Clarke v Meadus [2010] EWHC 3117 (Ch) Normally Dave would be covering this kind of case, knowing more about equity and trust right now than I probably ever will. But Dave is off being very clever to a tight deadline for other people, so I get to indulge my...
GMAC RFC Ltd v Jones Lambeth County Court 15/11/2010 With thanks to the Legal Action Recent Developments in Housing Law - report in the January 2011 edition. This was a case on the operation of the Mortgage Repossessions (Protection of Tenants etc) Act 2010,...