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Berrisford v Mexfield Housing Co-Operative Ltd [2010] EWCA Civ 811 We reported on the High Court appeal in this case here. By the time it reached the Court of Appeal it had turned into quite a different case altogether. At the High Court, Ms Berrisford was...
In R(C) v Nottingham City Council [2010] EWCA Civ 790 (available through the Chief's mystical powers and Lawtel [and now also on BAILII]), the Court of Appeal was faced with a substantive issue in relation to the children leaving care provisions of the...
Wright v Wright [2010] EWHC 1808 (Ch) is a near perfect example of a fundamental principle of property law, which we tutors seek to ingrain into our students (mostly, it must be said, with limited success, having looked at hundreds of exam scripts), that...
Horridge (t/a Newford Parts Centre) v Downshire House (Reproductions) Ltd [2010] EWCA Civ 777 Continuing a brace of nuisance cases, we have this appeal from a split trial on liability on a nuisance claim. The properties involved are both commercial premises,...
The extent to which a landlord can be liable for the acts of his tenants is a vexed topic, which we've discussed on a number of occasions before. The cases rather lean against liability. It is, therefore, very interesting to find Mackay J allowing a claim in...
Poplar Housing and Regeneration Community Housing Association Limited (Poplar Harca) v Stephen Howe [2010] EWHC 1745 (QB) When we reported on Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) two weeks ago, we noted that another application for...
Naughton v Whittle and Chief Constable of Greater Manchester Police. Manchester County Court 30/11/2009 (Legal Action July 2010) The tendency of the police to be utterly useless in cases of unlawful eviction has been a recurrent motif on Nearly Legal. They...
London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public law...
Shi v Jiangsu Native Produce Import & Export Corp [2009] EWCA Civ 1582 (06 October 2009) While perusing our new copy of Legal Action here at Nearly Legal Towers we came across the above case which we had not previously spotted so it is presented here with...
Southern Pacific Securities 05-2 Plc v Walker & Anor [2010] UKSC 32 A brief note on this case, which concerned the enforceability of a credit agreement secured on the Walker's property. Our report on the Court of Appeal decision is here, and there is...
The Scottish Court of Session (Inner House) has been considering how to apply Mannai in relation to mis-identification of the landlord in a break notice.
Ravichandran & Anor v London Borough of Lewisham [2010] EWCA Civ 755 Or Omar v Birmingham City Council [2007] EWCA Civ 610 revisted. This was the Court of Appeal hearing of a second appeal from a s.204 Housing Act 1996 appeal at the County Court on...