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Whitehouse v Lee [2009] EWCA Civ 375 is a rare beast – a successful appeal against a decision on reasonableness in the context of possession proceedings. However, it merits close attention not only for its rarity, but because it also reminds us of how to...
In Port of London Authority v Ashmore [2009] EWHC 954 (Ch) the Defendant had, since 1983, tethered his sailing barge to Albion Wharf on the Thames close by Battersea Bridge. The Authority wished to register title to the bed of the river Thames but Mr Ashmore...
May's Legal Action housing reports, as compiled by Jan Luba QC and HHJ Madge, are positively bursting with interesting stuff. Pretty much all the High Court/Court of Appeal cases and some of the rest have already been reported here. But there are more than a...
I'm just in the process of marking what feels like thousands of coursework essays on proprietary estoppel and constructive trusts. The thing that gets me - time for a rant - is that my very clever three As students can't actually write a proper sentence,...
Can you acquire title to land over which a highway runs? There seems to be no reason in principle why not but R (Smith) v Land Registry (Peterborough) [2009] EWHC 328 (Admin) — wrongly in my view — suggests otherwise. The Claimant had occupied land with his...
The Court of Appeal yesterday heard argument in Redpath v Swindon Borough Council B2/2009/0479. The case concerns the definition and scope of "housing management functions" for the purposes of ASBIs under s.153A, Housing Act 1996. We'll bring you the result...
R (Prince) v Social Security Commissioners & SoS for the DWP & London Borough of Southwark (Interested parties)[2009] EWHC 1181 (Admin) concerns what can only be described as a bit of a chancer. Mr Prince had claimed Jobseekers Allowance. He had also claimed...
Apologies for not getting this one out on Friday or over the weekend. It was on my list, but, frankly, the details of this were off my usual turf and it took an hour or several to digest and fit in place. So, only a day or so late... A v London Borough of...
A new Equality Bill was a flagship manifesto commitment and it was finally published at the end of April. The Bill receives its second reading in the House of Commons today. While the Bill is primarily consolidating and tidying up existing law there are...
I'd missed this case from a couple of months ago and it would be fair to say it doesn't concern our usual kind of tenancy - the rent was £390,000 a year and complaints of disrepair concerned a malfunctioning swimming pool - but it does address the conditions...
Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is - potentially - quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in possession...
Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is...