Staying with the prosecution theme, LACORS, or (somewhat less snappily) Local Government Regulation as it is now called, has published a round-up of recent HMO related prosecutions. It makes for fairly grim reading. The maximum fine for failure to have an...
Jail for Unlawful Eviction
According to the website of Oxford City Council a landlord has been jailed for three months for unlawful eviction. Mr Kenston McIntosh received three months after pleading guilty at Oxford Crown Court on 29 October 2010. Undoubtedly the sentence was...
No Surrender!
QFS Scaffolding Ltd v Sable & Anor [2010] EWCA Civ 682 For those who can tear themselves away from the Supreme Court we offer this case which we somehow missed from the summer (possibly due to too many holidays!). Mr & Mrs S had let a builder yard in Slough...
DDA & DIY
Beedles v Guiness Northern Counties Limited (2010) High Court (Manchester) (QB) HQ10X02893 [Not on Bailii yet]. This is an intriguing case sent to us on the nature and extent of the duty to provide an auxiliary aid or service under S.24C Disability...
Brave New World or Same Old Story
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
Pinnock: Newsflash
The judgment is out. Full post is coming later, but the key points are: (a) a claim by a public authority for possession requires a domestic court to be able to consider the proportionality of the eviction and resolve factual disputes for itself and the...
Service charges: a welcome return to orthodoxy
Whilst we're waiting for Wednesday, (when the Supreme Court will give judgment in Pinnock, in case you were wondering), the housing law world doesn't stop in the interim. Far from it. So, without further ado, lets turn to Regent Management Ltd v Jones [2010]...
Not telling you..
R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet] This is a downright odd case, an application for judicial review where the Claimant's solicitors came off the record at hearing, Claimant's counsel (the in-the-circumstances heroic Zia...
Court of appeal to decide what is a protected caravan site
In Brightlingsea Haven v Morris [2008] EWHC 1928 (QB), the High Court considered whether Haven Village in Brightlingsea was a "protected site" within the meaning of the Caravan Sites Act 1968. This is an important question because the Mobile Homes Act 1983...
If you’ve got a spare 30 mins
The Lord Chancellor, the Rt Hon. Ken Clarke QC MP gave a surprisingly frank interview to Law in Action this week. It's available on the BBC iplayer, here, for the moment and is very much worth 30 mins of your time. The questions on legal aid and, in...
Parish notices
Our friends at the LAPG have reminded us that the All Party Parliamentary Group on Legal Aid meets on Wednesday 24 November in Committee Room 14 of the House of Commons between 2 and 4 pm. The speaker will be Jonathan Djangoly MP, Minister for Courts and...
Equality Act 2010
I’m going to level with you, dear reader(s), I’m a bit late with this one. In my defence, I point to the fact that the Act as printed is around 250 pages long, consisting of 218 sections and 28 schedules. The explanatory notes run to over 160 pages. There is...