Bello v Ideal View [2009] EWHC 2808 (QB) — a case not yet available on bailii — illustrates the dangers with leaving a rent review outstanding. Mr Bello bought what appear from the transcript to be residential premises at an auction in July 2005. The had...
Race to the High Court
Arden Chambers have announced (in one of their eflashes. No link yet) that the Supreme Court has given further reasons for the refusal of permission in the Weaver case. The full reasons, which are stated to replace those previously issued are: Permission to...
Rumours of gatekeeping
News reaches us here at NL of a decision of the High Court (Birmingham District Registry) by the name of Mehari, Kelly and JI v Birmingham City Council (9 and 10 November 2009) given by Hickenbottom J. Details are sketchy and, as ever, we'd be grateful for...
Activate the trommel!
Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] EWHC 2885 (Admin) This was an application for judicial review by Ethos Recycling of a District Judge's decision in the Barking and Dagenham Magistrates' Court given at Havering Magistrates...
A curious footnote (with benefit of transcript)
We previously wrote up Mich-Onyibe v Wandsworth LBC [2008] EWCA Civ 1649 as "a curious footnote" to homelessness jurisprudence, basing our note on an Arden Chambers e-flash. Thanks to the Chief we now have the benefit of the transcript. The facts were as...
ASBO in absentia
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...