[Edit 27/08/10 An early version of this post said that the JR had been given permission. This was wrong. The hearing was actually adjourned to 8 September without permission having formally been given. Apologies for my error. I've edited the post to correct...
“Irrational” Welfare tender newsflash
Hot on the heels of the last post comes this news of a Judicial Review permission hearing on an application by friends of the blog, Community Law Partnership, against the LSC. Choice quotes from Collins J "I am bound to say this is a dreadful decision and on...
Of contracts, shifting goalposts and lawfulness
[Edit 01/09/2010. There has been a further change to the FAQ discussed in this post. See the new post here] Bear with me. This is going to be a bumpy ride. The LSC's terms of tender for civil contracts stated Paragraph 15.11: “For a tender to be complete,...
On the Naughty Step – drop the dead donkey redux
There is very hot competition among the cast of this sorry episode for being placed on the step. This is also a story which has already been commented on by Tessa Shepperson of Landlord Law, who indeed played a small - and entirely virtuous - part. But Tessa...
Hospital or prison – your choice
Boatwright v Boatwright [2010] EWCA Civ 877 Let us not get excited, this is a nothing of a case, but in these dog days of summer, where substantive case law is hard to come by, we have to take what we can get. The Court of Appeal were confronted by a frankly...
An ugly metaphor
This is the Strata Tower, less than proud winner of Building Design's 2010 Carbuncle Cup, awarded to the ugliest new building in the country for its 'odour of boy musk', 'grim stridency' and for auditioning for a 'James Bond title sequence in the Elephant...
Alas poor Commonhold…
Commonhold was introduced by the Commonhold and Leasehold Reform Act 2002 and, in essence, is a new way (i.e. not freehold or leasehold) for flat owners to collectively hold the building containing their flats. It's not proved very popular, with only c.20...
Contracts and appeals: An Unclarification from the LSC
The LSC, aware that there is a lot of interest in the appeals process for the contract award decisions (mainly, of course, because there are a lot of organisations appealing), has become concerned about "some inaccurate and confusing press reports". The LSC...
What’s in a (Re)development
Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010) This is an interesting case from the District Registry in Birmingham. Although it actually concerns a commercial lease and therefore the Landlord and Tenant Act 1954...
Money well spent?
The DCLG has published a breakdown of the expenditure of the sums expended by it - and various other bodies (HCA, TSA, Leasehold Advisory Service) from April 6, 2009 - April 5, 2010. It's all downloadable (as Excel files) from the DCLG website, here. Of...
Suspended Possession Orders and Insolvency: with benefit of transcript
And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here. Brief facts - the assured tenant ran up rent arrears. A2 began possession proceedings....
Bankruptcy and possession – permission granted
North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel] This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the...