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Birmingham City Council v Forde [2009] EWHC 12 (QB) was the High Court hearing of Birmingham's appeal from the High Court (Costs) case we reported on in August last year. In short, the appeal was dismissed, and the judgment of the Costs Judge upheld, but in...
Nearly Legal's naughty step has recently taken the complicated, slow and interrupted trip from Norwich to North Wales. It is is with reluctance, several changes of train, and a painful recovery of repressed traumatic memory that we now find ourselves in the...
R (Ahmad) v Newham LBC is being heard in the Lords on Monday 19 January and Tuesday. This is an important case on allocation policies and cumulative need. See our post on the Court of Appeal decision here. We'll report on the outcome as soon as...
The Law Gazette this week has a couple of articles on the new mortgage repossession/money claim protocol. First is a clear and possibly optimistic outline of the requirements of the protocol from Christopher Atkinson. Well worth a read on the details and...
R (Hassan) v Croydon LBC (Admin Court 13 January 2009. Only reported so far in Arden Chambers eflash 336) was a judicial review on the discretion to secure accommodation pending s.202 review under s.188(3) HA 1996 and whether a potential duty under s.20...
As noted by Tessa at Landlord Law, the current (January 09) Legal Action housing updates includes a tenancy deposit case which further muddies the waters. Ferguson v Jones, Birmingham County Court 5 Nov 2008 concerned an assured shorthold tenancy. Ms Jones...
[In a bit of an innovation, we have a guest writer for a naughty step post. My grateful thanks to M for a cracking post....] You get the distinct impression with some that it’ll take a bit more than being placed on the naughty step for them to see the error...
The one key message of property law is never trust your family. Mirza v Mirza [2009] EWHC 3 (Ch) is a further example of this truism and I can only marvel at the way Stephen Smith QC, sitting as a Deputy Chancery Judge, dealt with the case. The Claimants,...
Out of Leeds comes an interesting story (picked up via Shelter's Roof blog) about an agreement between the Local Authority, two Citizens Advice Bureaux and Shelter's West Yorkshire Advice Service. Leeds City Council has signed an agreement with the CABs and...
The Lands Tribunal has handed down a number of important decisions in the last week that those working in the field of leasehold enfranchisement need to be aware of. Earl Cadogan v Erkman LRA/56/2007 & LRA/68/2007 (links to a .pdf file) concerns attempts...
News of a change from over the border. From 1st April landlords will have to notify the local authority in a standard form when they raise proceedings for possession. This will give effect to s. 11 of the Homelessness etc (Scotland) Act 2003. Notice can...
We've had an email from HHJ Madge, perhaps better known to housing lawyers as Nic Madge, co-editor with Jan Luba QC of LAG's housing law updates and general all round doyen of the field. I'm delighted to be told that Nic Madge has started his own site, which...