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The DCLG has trumpeted a new Guide on Council and Police powers on 'Dealing with illegal and unauthorised encampments'. A new guide will give more power and a stronger voice to local residents and councillors to challenge council officers if they claim...
3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under the...
We’ve all been there. Perhaps more frequently, litigants in person have been there (although hopefully not the same LiP over and over again). A warrant for possession is due to be executed the next day. It may even be the same day. The occupier has applied...
Malik v Fassenfelt & Ors [2013] EWCA Civ 798 The idea that an Englishman's home is his castle is firmly embedded in English folklore and it finds its counterpart in the common law of the realm which provides a remedy to enable the owner of the castle to...
Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985. Mrs Holt has occupied 28 Southdown Rd, Emmer Green, Reading since her birth in...
A quick note on an ongoing County Court case that raises some interesting questions. (As it is an ongoing case, all apparent statements of fact are as set out in the judgment and should be taken as being untested at trial). Leicester Housing Association Ltd...
There are still some questions to be cleared up on tenancy deposit law and this Court of Appeal case neatly deals with one of them, while opening up what might be a very large can of worms. Superstrike Ltd v Rodrigues [2013] EWCA Civ 669 Where a deposit was...
In R (JL) v SSD [2013] EWCA Civ 449, the Court of Appeal "broke new ground"* by considering how Article 8 applied to the stage at which possession orders are enforced. Facts JL rented accommodation owned by the Ministry of Defence and had done so since 1989....
Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme...
Just a short note to alert readers to the case of LB Islington v Doner [2012] EWCA Civ 1745 (casetrack only, as far as I can tell). Since 2007, Doner had moved into a flat owned by LBI. The secure tenant was the former partner of Doner's grandmother. Doner...
London Borough of Brent v Tudor [2013] EWCA Civ 157 This was an appeal of a Circuit Judge's finding that LB Brent's possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living...
There was an interesting case-note on Lawtel this week which I suspect most of you saw. The case was LB Enfield v Phoenix and others, High Ct, March 19, 2013, and seemed to concern the circumstances in which a possession claim can properly be issued in the...