And so to the last of the marathon of housing case notes I've knocked out over the last few days.... This was reported in the Law Gazette, Mansfield District Council v Langridge (2008) CA (Civ Div), (free access at the time of writing) and is not yet on...
Allocation and cumulative need
Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 was Newham's appeal of a JR decision that its allocation scheme was unlawful for failing to take adequate account of cumulative need. This is going to be a long post. Allocation...
Considering suspension of possession for ASB
London Borough of Lambeth v Debrah [2007] EWCA Civ 1503 was an application for permission to appeal a Circuit Judge judgment giving an order for possession, which was not suspended or stayed. The appeal was not against the order, but the refusal to suspend....
Housing for children
A couple of recent cases concerning local authorities' duties under s.20 Childrens Act 1989 R (On The Application of M) (Fc) V London Borough of Hammersmith and Fulham Appellate Committee [2008] UKHL 14 concerns the varied responsibilities of Social Services...
Suddenly…
there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506 on...
Considering Equality of Opportunity
Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. A Court of Appeal judgment on appeals of refusal for planning permission for the retention of mobile homes on green belt land...
Holmes to the Lords
Thanks to Mark P for noticing that Holmes-Moorhouse v LB Richmond is going to the House of Lords. Richmond sought and have been granted permission. I think this could be a tricky one, not just on the residence/staying with issue, but also on the differences...
The Crown as squatter
A more than a little unusual Court of Appeal judgment on adverse possession has just been handed down. Roberts v Crown Estate Commissioners [2008] EWCA Civ 98. I won't go into the details - it involved a challenge to Crown possession of an area of foreshore...
Time limitation on disability discrimination defence?
This is definitely a specialist question, for which I seek housing people's opinions. A semi-hypothetical situation: A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn't attend...
Harry Potter's premises, 'what is a house?' and waivers
OK, so they are late. In fact so late that the Times has started to catch up. Finally, some brief comments on the three cases from last week. Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10. What constitutes a premises for the purposes...
Birmingham v Aweys
Hot off the press - judgment released today. Birmingham, apparently intent on suicide, appealed the judicial review decision in Aweys. Birmingham City Council v Abdishakur Aweys & Ors [2008] EWCA Civ 48. They lost, badly, on all counts. Birmingham argued...
They'll have to wait
In a sudden rush we have: Court of Appeal: Greenwood Reversions Ltd. v World Environment Foundation Ltd. - and - Madhav Mehra [2008] EWCA Civ 47 on forfeiture of lease. House of Lords: Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 on...