Continuing the food-related nature of our posts on Art. 8, ECHR cases (see, inter alia, here and here) we've got a bit of cold borscht from Ukraine in the case of Kryvitska and Kryvitskyy v Ukraine App. No. 30856. Like a bowl of borscht, I'm not quite sure...
Sale and Rent Back – Priority over charge, Round 1
North East Property Buyers Litigation [2010] EWHC 2991 (Ch) [Not on Bailii yet. Available on Lawtel or here] We noted this case was forthcoming a month ago. Judgement was given on 19 November. Thanks to James Stark, we've got a transcript. Thanks to being...
Social housing reform “consultation”
The heavily trailed (eg here and here), "cataclysmic" consultation paper on social housing reforms has been published by CLG today. There is much to digest and much will be left to individual PRPs and local authorities to work out. The "consultation" is...
A post-Pinnock reading list
What does a potentially successful "proportionality" defence look like? To put the question slightly differently, what are the contours of proportionality in the context of mandatory possession proceedings? This is the question largely left open by Pinnock...
Mr Pickles is unlawful and other bits
Cala Homes (South) Ltd v Secretary of State for Communities & Local Government & Anor [2010] EWHC 2866 (Admin) found Eric Pickles, SoS at DCLG, acted unlawfully in scrapping the Regional Strategies for housing development, which also, lest we forget,...
No Surrender!
QFS Scaffolding Ltd v Sable & Anor [2010] EWCA Civ 682 For those who can tear themselves away from the Supreme Court we offer this case which we somehow missed from the summer (possibly due to too many holidays!). Mr & Mrs S had let a builder yard in Slough...
Brave New World or Same Old Story
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
Pinnock: Newsflash
The judgment is out. Full post is coming later, but the key points are: (a) a claim by a public authority for possession requires a domestic court to be able to consider the proportionality of the eviction and resolve factual disputes for itself and the...
DWP Research: HB & LHA
The DWP has snuffled out (it seems like the best expression but apologies for it) three research reports on the impact of the local housing allowance. Of course, these reports are largely out of date as a result of recent announcements about the LHA but...
“Could have gone better” corner
Just a brief note on a couple of tangentially housing-related cases, both of which serve as illustrations of how not to go about things as claimants and in one case, as a defendant as well. A little cruel, perhaps, as to be human is to err, but the oops...
Sale and rent back – coming soon?
Word reaches us (via the Garden Court North website) of what appears to be a fascinating piece of litigation in the High Court (Leeds District Registry) concerning sale and rent back schemes (as to which, see our earlier piece, here). A number of former...
Pinnock forthcoming…
It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.