More results...
Gustovarac v Croatia App. No, 60223/09 is a game-changer of a case. A possession case in which the European Court of Human Rights seems to be saying you don't need a proportionality assessment. Now, as you'll all know, there is a line of European Cases,...
The flexible tenancy, that marvellous and oxymoronic invention of the Localism Act, is now in place and in use by a number of Councils. The last time I considered flexible tenancies it was largely about how they were created and how they were terminated at...
In one sense, the possession claim in Manchester Ship Canal Developments v Persons Unknown [2014] EWHC 645 (Ch) follows a fairly predictable course. The Defendants were a group of activists who had set up camp on Barton Moss Lane, Manchester, in protest at...
Pelipenko v Russia 16/1/14 We reported the ECtHR's decision on the merits here. There now follows the Chamber's decision on the claim for just satisfaction. The Applicants' claim for the breaches of Art 6 and Art 8 broke down into 4 parts: 1. the purchase...
Winterstein v France 17/10/13 (judgement in French only) The applicants in this case were travellers who were part of a community that had occupied land on a site (known as bois du Trou-Poulet) in the Herblay region of France and had made it their home over...
One test for establishing succession to a secure tenancy by a gay partner (not being a civil partner) has been established since Nutting v Southern Housing Group Ltd [2004] EWHC 2982 (Ch). This test is "that the relationship must be openly and unequivocally...
Watson v Simpson Croydon County Court 4 October 2012 Not a stunningly important appeal to a Circuit Judge, this one, but a useful case to be able to wave around on costs. Ms Simpson was a private AST tenant of Mr Watson, whose tenancy had become a statutory...
R (CN) v LB Lewisham; R (ZH) v Newham LBC [2013] EWCA Civ 804 This is a very important decision from the summer. For some reason we haven’t got round to writing it up before now. In the meantime England have managed to retain (yay) and then lose (boo) the...
Spencer v Taylor [2013] EWCA Civ 1600 This case was flagged recently on the Arden Chambers eflash service. This flash gave some bare bones details and led to much debate on the internal NL email discussion list. However, we now have the vital transcript and...
Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession. Mrs S was the wife of the late Mr Shearer, who was himself the successor tenant to the property that was the subject of the possession claim at 35...
Emery v Wandsworth LBC (2013) QBD 14 November 2013 [not reported elsewhere, note on Westlaw] This was an application by Ms E for permission to apply to discharge a Civil Restraint Order made against her in the High Court. Ms E had made an urgent application...
I've just been reading Ahmed and others v Mahmood and others [2013] EWHC 3176 (QB) (Lawtel only I think) and I'm totally confused. If anyone who was in the case can help, I'd be very grateful. The defendants lived in a property owned by the claimants. The...