Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example...
Water Under the Bridge
Rochdale Borough Council v Dixon [2011] EWCA Civ 1173 Apologies for the late delivery of this case note which has been held up by a blizzard (of work rather than the kind afflicting the Eastern USA). This case is somewhat complicated and involved so you will...
Forward to the 18th Century!
The Coalition's proposed legislation this week has a marvellously retro feel to it. Sniff the air. Through the whiff of horse dung and open sewers, you can tell we are back in the days of Queen Anne and not solely because the lawfulness of the catholicity of...
No, that is your elbow
In which we discover what happens when an RSL serves a notice confirming an assured tenancy after serving a s.21 notice on an assured shorthold tenant. Saxon Weald Homes Ltd v Chadwick [2011] EWCA Civ 1202 Mr Chadwick had been given an AST by Saxon...
Sale and Rentback (again)
I've got to admit it, I've fallen for HHJ Behrens. I've no knowledge of him, have never appeared before him, and have only read his written words, but he just seems to be that type of property lawyer who is also human. He is developing something of an...
Turning up is usually the best idea
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Delays, stays and funding limitations
Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We've seen a transcript). It is of interest not least for the Court of Appeal's view of the meaning of the funding limitations on a Public Funding...
Well he would, wouldn’t he?
The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the...
The assignment that wasn’t.
Haringey LBC v Theobald. Clerkenwell and Shoreditch County Court 7 April 2011 Hat tip to September's Legal Action 'Recent Developments in Housing Law' for this County Court case, and Daniel Fitzpatrick at Hodge Jones & Allen. Not a very significant case...
On legal aid and letters pages: bits from last week
Some bits and pieces from the last week that didn't quite fit in elsewhere. First - developments in the Legal Aid, Sentencing and Punishment of Offenders Bill. At the committee stage a large number of amendments were tabled, both by the Government and by the...
Some footnotes: Helden v Strathmore
Helden v Strathmore [2011] EWCA Civ 542 contains lots of useful footnotes and pointers on different issues, so it's worth a read. In this note, I'm going to focus on two such footnotes, which have a bearing on issues with which it's fair to say make me...
Ain’t no Cicero
This, the second post on the riot related possession proposals (the first is here), looks at an article published on the ConservativeHome website by Jake Berry MP, Parliamentary Private Secretary to Grant Shapps, and Tory MP for the gritty urban constituency...