M v Burnley, Pendle & Rossendale Magistrates' Court [2009] EWHC 2874 (Admin) (on Lawtel only) The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the borough...
Little Shop on the Corner
I have the Nearly Legal leadership's indulgence in allowing me to post about Patel v Keles [2009] EWCA Civ 1187 which touches on one of the more unnatural (at least to housing lawyers) areas of my practice, namely the renewal of business tenancies under the...
Leasehold law update
This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like. First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations...
Stick, twist or fo(u)ld?
Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138 Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132 You'd be forgiven for not having noticed any of this (long running) litigation over...
Telling the TSA what to do
The Government in the form of the DCLG has issued its response to consultation on the directions it is to give the Tenant Services Authority under s.197 Housing and Regeneration Act 2008 and also the directions on regulatory standards themselves. The...
A charge for credit
Southern Pacific Personal Loans Ltd v Walker [2009] EWCA Civ 1218 (although the neutral citation may change since there are two cases with number 1218) We noted this case when it was but a county court decision. The Court of Appeal decision is now available...
Subprime settlement
Belmain Finance Limited v Peter James Bentley High Court (Chancery Division) Cardiff. In a widely reported settlement (see here, here and here for example) this case has come to an end. Belmain Finance had lent £40,000 to Mr Bentley, secured against his...
Stog stog, I'm in Exeter*
We are not actually in Devon, just for clarity, but in Concord, Washington, Tyne & Wear. I happen to know Concord, which is both ill-named and if one is honest, probably at the negative end of the architecturally charming list. But I won't hear a word...
Two for One
Southern Pacific Mortgage Ltd v Heath [2009] EWCA Civ 1135 It has taken me a day or three to get to this one. Nobody else was up for doing it and frankly the detail of the Consumer Credit Act 1974, allegedly intended to make agreements clear for consumers,...
Central Beds v Taylor – Supreme Court permission refused
Central Bedfordshire Council v Taylor & Ors We've just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay...
Weaver – the reason for refusal
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that "the application did not raise an arguable...
Tenancy deposit – late compliance again
Da Costa v Pinter Bromley County Court April 2008 With thanks to the November Legal Action housing updates. This was a tenancy deposit and 3 x deposit penalty claim. The rent was £1,950 a month. The tenancy agreement also stated 'Payment required in advance...