More results...
Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post. The appeal, was by general consent, on one issue alone. Does the internal review procedure for...
Oh dear, oh dear. That could have gone better. I'm not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with...
Belated, I know, but this is the first chance I have had to really look at the judgment in Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin). Ground 8 and Legitimate Expectation First the substantive ground of challenge - that the use...
LB Lewisham v Malcolm [2008] UKHL 43 Court of Appeal thoroughly and unanimously overturned. The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware...
Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I'll get to post something later on.
Judgment just out Weaver (R) v London & Quadrant Housing Trust [2008] EWHC 1377 (Admin) Full notes tomorrow, but the headline is: L&Q is a public authority in its housing function for the purposes of Judicial Review. Use of ground 8 possession claims...
London Borough of Lambeth v Johnston [2008] EWCA Civ 690 is an appeal to the Court of Appeal from a County Court s.204 appeal. The brief facts - the Claimant applied to Lambeth as homeless in September 2004. He told the officer he had an alcohol problem...
C, R (on the application of) v London Borough of Lambeth [2008] EWHC 1230 (Admin) is, in the end, mainly concerned with education, but there is quite a bit of interest to housing people. The issue was the duties owed to the Claimant under s.23 and s.24...
Hanoman v London Borough of Southwark [2008] EWCA Civ 624 Where a local authority landlord has failed to respond to a tenant's notice in time under the Right to Buy procedure, the tenant can serve an 'operative notice of delay' under s.153A(5) Housing Act...
Jones v London Borough of Merton [2008] EWCA Civ 660 addresses whether a tolerated trespasser's liability to pay mesne profits ends when they leave the property or when they notify the former landlord that they have left. Ordinary trespassers are only liable...
As ever, housing cases come in a flood after a drought. Jones v London Borough of Merton [2008] EWCA Civ 660 on when liability for mesne profits ends after the tolerated trespasser leaves a property. Hanoman v London Borough of Southwark [2008] EWCA Civ 624...
Ahad v London Borough of Tower Hamlets [2008] EWCA Civ 606 was an application for permission to appeal from a s.204 appeal concerning a refusal of an offer of permanent accommodation. Tower Hamlets had discharged duty on the basis that the appellant had...