An Arden Chambers Eflash has just announced that the Supreme Court have refused permission to appeal in R (Weaver) v L&Q. We'll try and get a link to the order ASAP. In the meantime, our post on Weaver in the Court of Appeal is here.
Section 2, LP(MP)A and proprietary estoppel: Where are we now?
The Issue One of the slight frustrations of being an aspiring academic is that you tend to think in bite-size terms as and when the tutorial cycle demands. We've just "done" the now familiar peaks and troughs of the "new model" constructive trust and...
It is an ex-parrot
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir...
These we have missed…
And thanks to the Garden Court bulletin for pointing them out. A couple of cases not yet available on Bailii. R(Gardiner) v Haringey LBC [2009] EWHC 2699 (Admin), [2009] All ER (D) 301 (Oct). Or 'everything old is new again' From the full judgment: Ms G. had...
Yeah, of course I'll call
It's a bit like one of those nights that just, you know, didn't work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive. The Government has released its response [link to PDF] to the Parliamentary...
Applying to set aside possession, or when is a trial not a trial?
Forcelux Ltd v Binnie [2009] EWCA Civ 854 This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is...
A quick update from the ECJ
Readers might remember the case of LB Harrow v Ibrahim and another [2008] EWCA Civ 386 (noted by us here) where the Court of Appeal referred three questions to the ECJ concerning the rights of residents of family members of former Community workers. The...
I think they're trying to tell us something
The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the...
Thoroughly premature planning injunction…
Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated...
Lost by translation
Ali v Birmingham City Council [2009] EWCA Civ 1279 (Original note from an Arden Chambers eflash pdf). Mr Ali, who is Somalian, applied as homeless to Birmingham. At interview he was noted as speaking and understanding English. he was given a leaflet in a...
Long on principle, short on detail
S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin) Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs. This was a permission hearing on an application for judicial...
Allocation without Grant
Birmingham City Council v Qasim and others [2009] EWCA Civ 1080 may come as something as a surprise (at least, it did to me) and has rather a lot to say about the importance of allocation schemes under Pt 6, Housing Act 1996. Birmingham had an employee who...