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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...
The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a "time limited" violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are...
Hammersmith & Fulham LBC v Pill, West London County Court 26 May 2010 With grateful thanks to the Legal Action Housing Updates (on which more shortly). Ms Pill was Hammersmith & Fulham's secure tenant. She lived with her two children. There had been a...
Suvini v Anderson, Staines County Court, 13 August 2010 It is well known that notices under section 21(4)(a) of the Housing Act 1988 must give notice to a tenant that "after a date specified ... being the last day of a period of the tenancy ... possession of...
There is very hot competition among the cast of this sorry episode for being placed on the step. This is also a story which has already been commented on by Tessa Shepperson of Landlord Law, who indeed played a small - and entirely virtuous - part. But Tessa...
Boatwright v Boatwright [2010] EWCA Civ 877 Let us not get excited, this is a nothing of a case, but in these dog days of summer, where substantive case law is hard to come by, we have to take what we can get. The Court of Appeal were confronted by a frankly...
Somerfield Stores Ltd v Spring (Sutton Coldfield) Ltd [2010] EWHC 2084 (Ch) (04 August 2010) This is an interesting case from the District Registry in Birmingham. Although it actually concerns a commercial lease and therefore the Landlord and Tenant Act 1954...