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Abbey National v Miller [2006] EWCA Civ 1520; [2007] EWCA Civ 138 Miller-Foulds v Secretary of State for Constitutional Affairs [2008] EWHC 3443 (Ch); [2009] EWCA Civ 1132 You'd be forgiven for not having noticed any of this (long running) litigation over...
Central Bedfordshire Council v Taylor & Ors We've just heard that permission to appeal to the Supreme Court in Central Beds v Taylor has been refused. Our note of the Court of Appeal case is here. This was surely a chance for the Supreme Court to revisit Kay...
Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that "the application did not raise an arguable...
Scrowther v Watermill Properties [2009] EW Misc 6 (EWCC) Newcastle upon Tyne County Court Continuing the Norwegian theme we appear to have adopted for such cases, here we have a example of an ex-sale and rent back agreement, void and gone to join the choir...
Forcelux Ltd v Binnie [2009] EWCA Civ 854 This was the Court of Appeal hearing of an appeal from a decision by a Circuit judge on an appeal from a order to set aside a possession order and grant of relief from forfeiture (Still with us? Good). It is...
Brentwood Borough Council v Ball & Ors [2009] EWHC 2433 (QB) This was the hearing of an application for an injunction by Brentwood BC. The defendants were six gypsies who had together purchased a plot of land, called Plot 3, in 2009. This was designated...
(With apologies to vegetarians, vegans, and non-lovers of Tarantino/Pulp Fiction) In Pulp Fiction, John Travolta's character explains to Samuel L Jackson's that it is the "little differences" in Europe that make it interesting - they do things differently...
The case of Mexfield Housing Co-Operative v Berrisford [2009] EWHC 2392 (Ch) illustrates the potentially precarious situation in which the tenant of a fully-mutual Housing Co-operative may find themselves. The facts are simple. Miss Berrisford had been a...
Gauci v Malta [2009] ECHR 1280 [Link is to rtf] Hat-tip to the Garden Court Bulletin for this one. Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other...
We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession proceedings. We...
While we are in Wales and with thanks to the Garden Court housing bulletin, we report an Ombudsman's decision Complaint against Cardiff CC 200702358 [pdf] Mr Davies and Miss Brown complained about Cardiff Council's failure to deal with noise nuisance and...
The City & Council of Swansea v Christine Joyce (and others) Cardiff District Registry, Chancery Division 31 March 2009 7CF30099 This is an example of a post Doherty public law defence at first hearing, and one that succeeded where an alternative defence of...