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...
Permission and costs
Cockett v Moore [2011] EWCA Civ 493 (Casetrack only; noted on the GC Bulletin). The Court of Appeal has refused permission to appeal in this costs dispute. Mr Moore was the tenant of Ms Cockett in a one bed flat. There appear to have been a series of tenancy...
Eviction without notice or permission
Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) This case forms part of the aftermath of Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) (our report here). It appears that Ms Pritchard was not going to take either the...
Cock up, not conspiracy…
Allen v Southwark LBC [No.2] [2011] EWCA Civ 470 I haven't been able to find a report on this case, save for a note in the Garden Court Housing Law Bulletin for 26 April 2011. If anyone has a transcript, we'd be very keen to see it. This looks like the end...