The Prime Minister's confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the...
A sorry tale
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
Injunction, planning and committal, post Cala
Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) I'll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG's stated intention to...
Croatia, proportionality and history
Orlic v Croatia [2011] ECHR 974 (Application no. 48833/07) [Link to rtf file] This is a European Court of Human Rights First Section decision on an article 8 case. Although not of immediate application, it is a useful restatement of the principle that where...
Dealing, closure and possession
Hammersmith and Fulham LBC v Forbes Willesden County Court 14 April 2011 While we are on County Court proceedings based on drugs and nuisance (see the previous post), this is a possession case following closure orders and allegations of dealing. Hat tip to...
Mudslinging, evidence and possession of different kinds
Barking & Dagenham LBC v Bakare, Imevbore & Imevbore. Romford County Court 14/03/2011 HHJ Platt [unreported elsewhere] A county court case, but one with some interesting issues. Also a cautionary tale on being able to actually provide evidence of...
Not too late but too little
Southwark LBC v Barrett Bromley County Court 18/03/2011 A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the 'seriously...
Safe European Home*
We noted J. L. v the United Kingdom here. Now there are two further English possession cases at the 'questions to the parties' stage of the European Court of Human Rights. Birch and Others v UK Application no. 26393/10 Birch arises out of possession...
Not going quietly…
Or round 3 of Ms Pritchard's refusal to give up her former property to the 'We buy your right to buy home' firm that had obtained possession. Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere] Readers may...
Ain’t nobody here but…
Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 [On Lawtel and in a note from Tanfield Chambers.] Not chicken related, thankfully. This was the Court of Appeal hearing of Windsor & District's appeal from the refusal of...
Cleaning Up
You may recall, almost two years ago now, we reported on the case of Defence Estates v L [2009] EWHC 1049 (Admin), under the title “Something of a mess”. The title was a reference to a comment of Collins J during the course of discussions after his judgment...
Lease without end?
Ferreira v Portugal App No 41696/07 (21/12/2010) [Link is to judgment in French, the only available version. Update 4/5/2011 - link now works. Can't link properly to ECtHR site.] We're indebted to Legal Action's 'Recent Developments in housing law' for this...