R (on the application of M) (FC) (Respondent) v Slough Borough Council [2008] UKHL 52 is a House of Lords case concerning Local Authority obligations under the National Assistance Act 1948, and specifically when the authority is obliged to arrange and pay...
Disrepair – One bite at the cherry
Onwuama v Ealing LBC [2008] EWHC 1704 (QB). The Claimant made a claim for s.11 disrepair (in person), alleging dampness and electrical problems. No expert evidence was put forward as to the cause of dampness. The claim largely failed as the Judge found the...
Disrepair protocol costs
Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant's costs incurred while following the disrepair pre-action protocol. It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre issue (not...
Notes on Doherty v Birmingham CC
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The headline is...
Aaargh
Started on Doherty, but on closer inspection, the Lords have also given me R (On The Application of M) (Fc) V Slough Borough Council and R (On The Application of Heffernan) (Fc) V The Rent Service to deal with, and possibly also Yeoman's Row Management...
Doherty handed down – more later
Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 That's 79 pages of reading to do...
Children Act – 'requires accommodation'
This is a significant case on whether Social Services or Housing Departments have a duty to accommodate a homeless child and whether a s.20 Children Act duty arises. G, R (on the application of) v London Borough of Southwark [2008] EWCA Civ 877 was a case in...
A modest proposal
October, new post qualification job and all, is going to be something of a crunch point for this blog. Time, which has been very tight for the last few months, is simply not going to be available to keep Nearly Legal going in the same way. There are three...
Incoming
The House of Lords is due to hand down judgment in Doherty v Birmingham tomorrow (30/7). This will include their Lordships' first take on McCann v UK. I'm aiming to have some sort of case note up by tomorrow night. It will be the start of a busy patch for...
Mentioned in dispatches
A couple of cases came up today, one at the Court of Appeal, one Judicial Review, that are of marginal or tangential relevance to housing law, but may well be of interest to some. I'm not doing reports but the cases are: Liverpool City Council, R (on the...
Homeless maladministration
Garden Court's bulletin for 14 July (I'm catching up after the holiday) mentions a couple of interesting Local Government Ombudsman's reports on the operations of Homeless Units in Lambeth and in Haringey. Complaints 07/B/01138 & 07/B/05232 against...
Housing and Regeneration Bill
The Housing and Regeneration Act has now received royal assent. A full history of its passage through Parliament is here. 24/7 - the full text of the act is now up on the OPSI site [pdf]