In R(M) v Hackney LBC [2009] EWHC 2255 (Admin), Cranston J was faced with a difficult case which "... raises the issue of reconciling individual rights with the rights of the community". The rights concerned were the Claimant's rights to an allocation of a...
Without exception
R (Joseph) v LB Newham [2008] EWHC 1637 (Admin) Blanket policies are unlawful. A first year law undergraduate could tell you that. Any lawyer or public body which didn't know that would deserve public humilliation, probably involving being slapped across the...
Deep (Equality) Impact
R (Domb) v Hammersmith and Fulham [2009] EWCA Civ 941 This is somewhat off our usual turf here at Nearly Legal, but should be of interest to anyone involved in public law challenges. This case involved a challenge to a decision by Hammersmith and Fulham to...
Unwelcome in the valleys
While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise nuisance and...
Of Car Parks, Caravans and Councillor's commitments
The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099 This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of...
What is "housing-related conduct?"
Swindon BC v Redpath [2009] EWCA Civ 943 By s.153A(1) Housing Act 1996, a variety of social landlords, including local housing authorities, may apply for an injunction to restrain a person from engaging in "housing-related" anti-social behaviour. That means...
What is a "good" DJ?
We at NL have been having an ongoing, interesting dialogue over the past day or so about what is a good DJ, specifically when dealing with possession proceedings. Our dialogue was initiated by an article which J forwarded to us about Judge Arthur Schack's...
Not on its behalf…
S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal...
For those advising on commonhold
On 1st October the Commonhold (Amendment) Regulations 2009 will come into force. The amendments tidy up the law of commonhold associations so that they are compatible with the new law on company constitutions introduced by the Companies Act 2006 which comes...
Kathirkmanathan revisited
Circle 33 Housing Trust Limited v Kathirkmanathan [2009] EWCA Civ 921 We first reported on this case in July 2009, on the basis of a lawtel note, which was all that was available at the time. In this quiet time for new judgments, there are a few such cases...
Changing Horses Midstream
Konodyba v Royal Borough of Kensington and Chelsea [2009] EWCA Civ 890 was an appeal against a decision that Dr Konodyba was not entitled to housing assistance as she was subject to immigration control. It turned out to be a cautionary tale about getting rid...
Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9...