Heffernan v LB Hackney [2009] EWCA Civ 655 is a timely reminder of the importance of having evidence to substantiate a claim for damages. Mr Heffernan was the freehold owner of 16 Penhurst Road, London, E9 ("the property"). The property was converted into...
Not reasonable but suitable
Not for the first time, I (and I suspect others) have been completely wrong-footed by Baroness Hale. It would be fair to say that the House of Lords judgment in the joined appeals in Birmingham v Ali and Moran v Manchester [2009] UKHL 36 has come as...
House of Lords Newsflash
A full report on Birmingham v Ali and Moran v Manchester [2009] UKL 36 will follow in due course, but for those of you who simply can't wait for your fix of House of Lords homelessness judgments, the headline is that both appeals are allowed to limited...
The good, the bad and the aesthetically challenged
'Building Britain's Future', a broad Government policy direction document, has been put out and must be regarded as an early draft of the Labour election manifesto. As people may well have heard, social housing and the allocation thereof features in the...
RSLs support L&Q in Weaver appeal
According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To...
Austin to the Lords
Word reaches us that LB Southwark v Austin (our report on the Court of Appeal here) has been given permission by the House of Lords (or Supreme Court as it will be). It seems that the time of the tolerated trespasser troubling the Lords is not yet over, as...
The Lords on Aweys coming soon
News reaches us that the House of Lords opinions in the appeal of Aweys v Birmingham are to be handed down on 1 July (Court of Appeal report here). [Update, Moran v Manchester CC (our Court of Appeal report here) will also be handed down on the same day as...
Two homes, two MPs and an EDMO
EDMOs, a remarkable power given to local authorities under Housing Act 2004 to take control of an abandoned or unused residential property and let it (and charge the owner for most of the related costs of doing so), have been used remarkably rarely - I am...
Kay re-stated
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
He can look after himself
R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib. Mr Shoaib had claimed asylum in 2004. His claim had been rejected...
Would you credit it?
Some of you might have seen in the news recently some rather confused reports that HHJ Halbert at Chester County Court was dealing with various attempts by people to write off debts owed under credit agreements, see, for example, this from the BBC or this...
Take it as is or not at all
Ryan v London Borough of Islington [2009] EWCA Civ 578 concerned Ms Ryan's Right to Buy under Part V Housing Act 1985 and whether or not it had been deemed to be withdrawn. Ms Ryan was the secure tenant of a an Islington property. In January 2003, she served...