As we await the impact of the imposed upper limits of Housing Benefit, starting in April 2011, it appears that some London Councils have already decided on the likely results, according to this story in the Observer. Representatives of London boroughs told a...
Sale and rent back – coming soon?
Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former...
Fair limit on damages for ex-TTs?
Chase v Islington LBC Clerkenwell & Shoreditch County Court 30/07/2010 This case is reported in the October 2010 'Recent Developments' in Legal Action. It is an interesting case on the use of applications under Schedule 11, 21(3) Housing and Regeneration Act...
Social Welfare contracts – not over yet
While Family and Family and Housing roll on under the old contracts, SWL new contracts are due to start on 15 November. However, there is another judicial review claim by an unsuccessful firm, Davies Gore Lomax of Leeds. The hearing is listed for 27 October....
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Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) We've been waiting for this one. Mutterings about the 'Birmingham email case' have been around for a bit. This is a judicial review which is something of a sequel to...
Teixeira and A8 nationals
Secretary of State for Work and Pensions v JS (IS) [2010] UKUT 347 (AAC) [not on Bailii yet] Just a quick note on this Upper Tribunal (Administrative Appeals Chamber) case, which found that the Art 12 Ibrahim/Teixeira rights applied to an A8 national who had...
Pinnock forthcoming…
It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.
Overstepping the mark
Wandsworth LBC v Watson, Court of Appeal, Oct 12, 2010 - Lawtel note only This was an unopposed appeal by Wandsworth against a decision of a recorder on a s.204 appeal. Ms Watson applied to Wandsworth for assistance under Part 7, Housing Act 1996. She...
Homelessness – ‘due regard’ to disability
Pieretti v London Borough of Enfield [2010] EWCA Civ 1104 This is an odd case, in lots of ways, but what is decided in this appeal to the Court of Appeal is potentially of broader significance and certainly useful as clarification. The issue was whether, and...
Asked, but not necessarily answered
After the excitements of Kay v UK, the LSC Judicial Review and the coming into force of (bits) of the Equalities Act - on which we will have a post shortly - there is a bit of a lull before the floods of new housing case law start up again. So, time for...
Tenants of defaulting mortgagees II
Earlier this year J reported the passage of the Mortgage Repossessions (Protection of Tenants) Act 2010 which comes into force tomorrow (1st October), together with the Dwelling Houses (Execution of Possession Orders by Mortgagees) Regulations 2010 (No....
Set-aside or Appeal?
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 - our...