Cook v Thomas & Thomas [2010] EWCA Civ 227 This case was well describd by the Court of Appeal as "a most unfortunate and regrettable dispute". The facts were as follows. C is the sole legal owner of a small ara of farmland with farmhouse in Wales by...
Estoppel and Laches in Looe
Lester v Woodgate [2010] EWCA Civ 199 is a wonderful example of a neighbour dispute getting out of hand (so out of hand, in fact, that indemnity costs were awarded against the Claimant, in the Truro County Court, in "an exemplary use of the power to mark...
Permission 2 – given: EU child and Homeless duty
Lekpo-Bozua v Hackney LBC [2010] EWCA Civ 222 [Not on Bailii] Ms L-B had applied to Hackney as homeless. Hackney accepted that she was eligible, homeless, not intentionally homeless and in priority need, because her niece, a child, lived with her. However,...
Permission 1 – refused: date of notice
Elias v Spencer [2010] EWCA Civ 246 [Not on Bailii yet] This was a permission to appeal to the Court of Appeal hearing. The issue was the date given in a s.21 Housing Act 1988 notice on an assured shorthold tenancy. The notice stated that possession was...
Collective enfranchisement and anti-avoidance
Earl Cadogan and another v Panagopoulos and another [2010] EWHC 422 (Ch) concerns the anti-avoidance provisions in s.19, Leasehold Reform, Housing and Urban Development Act 1993. It's quite a detailed case and, if enfranchisement is something you're...
I’ll get you, my pretty, and your little dog, too! Two*
Thomas-Ashley v Drum Housing Association Ltd [2010] EWCA Civ 265 This is probably the biggest single week for dog-related possession claims ever. At this rate, the RSPCA will have to open a housing practice. The brief facts are at para 1 of the Court of...
I’ll get you, my pretty, and your little dog, too!
Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 is a decision that was decided on its facts, but since it is the first example of a claim for judicial review against a housing co-operative, I took an interest. The facts are that Mr...
Birmingham v’s the boy racers
Birmingham City Council v Persons Unknown - 0BM70352 (noted by way of Arden Chambers Eflash) is a successful attempt by a local authority to distinguish the decision in Birmingham CC v Shafi [2008] EWCA Civ 1186; [2009] 1 WLR 1961; [2009] HLR 25 (our note...
On the naughty throne
Being constitutionally unable to resist the temptation to indulge in a spot of lèse majesté, Nearly Legal is pleased to be able to threaten Her Majesty with a spell on the naughty step. Not for being a hereditary monarch - that is a little outside our remit...
Probably wrong but wholly academic
Raw, R (on the application of) v London Borough of Lambeth [2010] EWHC 507 (Admin) This case is a vivid illustration of the difficulties of challenging a Local Authority's apparent homelessness gatekeeping practices, or alternatively, if you are a Local...
Adverse Possession of a Highway II
Last year we reported the decision R (Smith) v Land Registry [2009] EWHC 328 (Admin) in which the High Court held (amongst other things) that it was impossible to acquire land by adverse possession if that land was subject to a public highway. At the time I...
Underhand but not abusive
Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley's claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit...