Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief...
Hounslow v Powell newsflash
The judgment in London Borough of Hounslow v Powell [2011] UKSC 8 (Aka, Powell, Hall and Frisby) is out. We have a detailed post coming shortly on this significant judgment on proportionality defences after Pinnock, but for now, the headlines are:...
No admittance
Sharon Horie v the United Kingdom - 31845/10 [2011] ECHR 289 Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction - a...
Turning european?
The UKSC judgment in Birmingham CC v Frisby, Leeds CC v Hall, Hounslow LBC v Powell is due on Wednesday 23 February (court Room 1 at 9.45). The background in the CA and the foreground (Pinnock) have been discussed in previous posts (here and here) to whet...
Forcelux bound (a little bit)
London Borough of Hackney v Findlay [2011] EWCA Civ 8 This was the Court of Appeal hearing of an appeal on the issues raised in Forcelux v Binnie [2009] EWCA Civ 854 [Our report here], specifically the Court's ability to set aside a possession order under...
Request for information
The Landlord and Tenant Act 1985 contains various protections for leaseholders and assured tenants against unreasonable service charges (see, e.g. s.19, 1985 Act). By s.26, 1985 Act, tenancies granted by local authorities, National Park authorities or a new...
Localism Part Deux
The Localism Bill had a second reading in the Commons yesterday. One amendment (Labour) was tabled and defeated. Looks like the significant amendments will be made in Committee. Not - I must say - the best quality debate ever as it appears to have been...
Dear Mr Shapps
My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional...
Localism Bill published
The Localism Bill was published yesterday. I suppose it might be seen as an exciting time for the housing sector - somebody described it as a potential "paradigm shift" at an event I was at last week - but, whether or not that is correct (and it could yet...
Borscht with your Royale?
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...