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Some brief notes on Upper Tribunal and Court of Appeal judgments on leasehold matters. Aviva Investors Ground Rent GP LTd & Anor v Williams & Ors (2021) EWCA Civ 27 Lease wording on apportionment of service charges to the effect that "your share of...
As noted in the previous post, the Govt has announced that the ban on evictions in England will be extended to the end of March 2021. It was due to end on 22 February. The regulations putting this into effect have not been made public yet. We will have to...
The decision of Master Dagnall in The Master, Wardens and Assistants of the Guild Fraternity of the Brotherhood of the Most Glorious and Undivided Trinity and St Clement in the Parish of Deptford Strond, commonly called the Corporation of the Trinity House...
The HMCTS mediation pilot on possession claims started on 1 February 2021, with the idea that it will ease the backlog of possession claims in the county courts by allowing resolution of landlord and tenant disputes outside of the full possession process....
In this irrationality challenge, R(Minott) v Cambridge City Council (2021) EWHC 211 (Admin), the High Court rejected Mr Minott's claim that his unlawful occupation of a property gave him a local connection to Cambridge. It also rejected his submission that...
It was the Friday afternoon on the date that the old rules were due to expire, so naturally, as is now utterly traditional, new rules appeared without notice or fanfare. CPR Practice Direction 55C was updated this afternoon, 29 January 2021, on what was to...
On 22nd January the Court of Appeal handed down its judgment in the case of Faiz v Burnley Borough Council (2021) EWCA Civ 55. Judgment dismissing the appeal was given by Lewison LJ; with whom Arnold and Asplin LLJs agreed. The case came on appeal from the...
Merritt v Thurrock Council & Anor (2021) EW Misc 2 (CC) A county court case of duelling injunction applications concerning Ms Merritt's (re)occupation of what had been temporary accommodation arranged by Thurrock and managed by Midos Managment Co Ltd...
Moorjani v Kilcoyne (Rev 1) (2020) EWHC 3463 (QB) The name of Moorjani may be familiar. We first encountered Mr Moorjani in a judgment transforming the case law on loss of amenity damages in disrepair claims in the Court of Appeal. However, despite the...
Sutton v Norwich (2021) EWCA Civ 20, on appeal from the Upper Tribunal (Lands Chamber) (2020) UKUT 0090 (LC), 20th March 2020. Underhill (VP Court of Appeal, Civil) LJ; Moylan and Newey LLJ; In this case, the Court of Appeal considered the civil penalties...
Fire safety issues in blocks of flats and other multi-occupancy buildings are one of, if not *the* biggest issue in housing law and policy today. The background is pretty well-known and, for present purposes, can be quite easily summarised. Since the...
Breaking with the tradition of laying such regulations on a Friday evening the day before they come into effect, the Govt has laid The Public Health (Coronavirus) (Protection from Eviction) (England) Regulations 2021 on the Friday lunchtime. These...