The Court of Appeal has considered in detail the interpretation of ground 14A
Ground 14A and Domestic Violence
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Possession
The Monk habit
Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) This was the combined permission/appeal hearing in the High Court from a first instance hearing by a CJ of a defence to a possession claim based on an NTQ served by a joint tenant. The principal...
The quietus of the tolerated trespasser
Austin v London Borough of Southwark [2010] UKSC 28 It has been a long story for Mr Austin and a long, long, long story for the tolerated trespasser. But this Supreme Court judgment should be the last time the Supreme Court is troubled by the legacy of...
Waiting For Tiensia
A case in Central London CC has considered the meaning of ‘received’ in relation to tenancy deposit protection.
Gateway (b), CPR 55.8(2), and disclosure: Brent LBC v Stokes
The Court of Appeal have refused permission to appeal in Brent LBC v Stokes [2010] EWCA Civ 626 (not on Baili yet) - we reported the High Court judgment here, which contains the summary of the facts and the important decision of King J. The case raises a...
A(nother) Cautionary Tale
In Crawford v Croydon LBC [2010] EWCA Civ 618 (not on Baili yet), the Court of Appeal refused Mr Crawford's application for permission to appeal against a suspended possession order made against him by HHJ Ellis in the Croydon County Court after a two day...
Re-entry and re-opening: updates from Legal Action
June's Legal Action housing updates have a bumper collection of interesting county court cases, as you'll already know. For our archives, this is the first of a couple of posts. This one deals with cases on post-eviction re-entry and on re-opening possession...
A locked room mystery
LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter's complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr...
These we have missed/didn’t know about
As ever, the Housing updates in Legal Action for May 2010 contains news of a few homelessness cases that are otherwise unreported and which hadn't reached us - primarily County Court decisions or applications for permission for JR or appeal that didn't make...
Oh Brave New World
Eastland Homes Partnership Limited v Sandra Whyte 2010 EWHC 695 (QB) Following Weaver v L&Q and McIntyre v Gentoo, here is a clear indication of the brave new world of public law in which RSLs (sorry, PRHPs) find themselves. It is also an interesting and...
In actual occupation but not actually living there.
Link Lending Ltd v Bustard [2010] EWCA Civ 424 This was an appeal from a mortgage possession case, centred on the issue of whether Ms Bustard could be said to be in actual occupation of the property such that she had an overriding interest under Land...
Access to Justice
An anecdotal rant, for which forgive me. Sometimes one needs to vent, but this is hardly an unusual situation. It is 'just' an example of the viciousness of the public funding boundaries. I've combined a few instances in what follows, and changed details for...