Andrew Henley v Shelly Bloom [2010] EWCA Civ 202 This was a second appeal to the Court of Appeal of a first instance decision that Mr Henley's claim for disrepair against his former landlord, Ms Bloom was an abuse of process, the first appeal to a Circuit...
A holding note: Coombes v LB Waltham Forest
We have been aware of Coombes v LB Waltham Forest (Sec of State intervening) noted at [2010] All ER (D) 59 and on Lawtel, decided on 08.03.2010 in an extempore judgment (Cranston J), but waiting for the full transcript to be provided by the High Court. The...
Rent arrears management – boring title, excellent report
Is it too much to hope that - finally - the Government might take steps to ameliorate and / or prevent the use of Ground 8? During the passage of the Housing and Regeneration Act 2008, the Government gave a commitment to look again at the use of inter alia,...
Richardson v Midland Heart appeal is no more
We have had confirmation that the appeal of the decision in Richardson v Midland Heart (our detailed note here), on shared ownership, assured tenancies and leasehold interests, has been discontinued. Rumour has it that there is another appeal in a similar...
Repeat Players
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"] Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband) v...
Unlawful Eviction, exemplary damages and why people don’t like estate agents
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009. This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of...
Continued incompatibility
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing...
Trigger happy?
In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon's decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of a gateway...
How did this happen?
.... or something to that effect, is what I imagine HHJ Purle QC said when he got the papers in Pick (Trustee in bankruptcy of Sharon Sumpter) v Sharon Sumpter & George Sumpter, Chancery Division, 3.2.10 - Lawtel note only The claimant, as trustee in...
Tenancy Deposit Protection on Sale and Leaseback
A recent case promises to be the first to the Court of Appeal on the issue of tenancy deposit protection.
New(ish) Section 21 Case
BAILII has recently added a case from November 2008. In Chohan v McManus [2008] EWCA Civ 1657 the Court of Appeal was considering what constituted occupation of premises for the purposes of an Assured Tenancy. The facts were that Mr McManus occupied a room...
Jackson: the waiting begins
'What!' I hear you say, 'wasn't the final Jackson report on costs released on 14 January?' Why yes it was. All 584 pages of it. But amid the headlines about scrapping CFA success fees and recoverable ATE insurance premiums, introducing contingency fees, and...