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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...
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,...
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...
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...
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...
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 Of course, these reports are largely out of date as a result of recent announcements about the LHA but...
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...
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...
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.
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 - our...
There is a fascinating article in the 23/09/2010 Gazette by DJ Robert Hill on rights of audience in County Court hearings in chambers and the effect of the Legal Services Act 2007 While not strictly housing related, it is of relevance or potential use given...
Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we've been arguing between ourselves as to how best to deal with it. Frankly, we can't agree on what the case actually means and what the...