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Baxter v Doble & Anor (2023) EWHC 486 (KB) This was an application for committal for contempt of court for provision of legal services by a person not entitled to do so, arising out of a possession claim in Devon. It is of considerable significance in...
Kaye v Lees (2023) EWHC 152 (KB) We've seen previous instalments in this matter here and here. The result of those was that Mr Kaye's eviction of Ms Lees after a charging order and order for sale was unlawful as the eviction was after notification of a...
Assorted quick leasehold related notes, to be done before they go off in the fridge. Kaye v Lees (2022) EWHC 3326 (KB) The aftermath of the decision on a mental health moratorium that we noted here. In the previous judgment, it was held that a warrant of...
O G Thomas Amaethyddiaeth CYF & Anor v Turner & Ors (2022) EWCA Civ 1446 In which the Court of Appeal considers whether a notice to quit that named the wrong tenant was valid. This was an agricultural tenancy, originally granted to Owen Thomas in an...
Dudley Metropolitan Borough Council v Mailley (2022) EWHC 2328 (QB) A quick note on this possession claim, which involves a challenge to Section 87 Housing Act 1985 as incompatible with Article 8 and 14 ECHR. Ms Mailley was defending possession of a Dudley...
A few things of interest... The Scottish government has put the cat amongst the pigeons by announcing that there will be a ban on evictions and a freezing of rent increases until 31 March 2023, to be implemented by fast track legislation. This would apply to...
[Updated 8 August 2022 to correct re LPC being on the record as party's solicitor and significance of this.] This is an issue that has come up here a few times (eg this post and this post) - the rights of audience of people who do not have a right of...
In case you are in need of distraction from the heat/the tory leadership contest/getting your first, second or third bout of covid/the general state of all things, may I present a small collection of judgments at which to rubberneck. None seem massively...
Hammad & Hammad v Paolini. County Court at Clerkenwell & Shoreditch. 27 June 2022 (We've seen a note of judgment) Yes, even while large chunks of the government resign and (as of this point in the evening of 5 July, it looks likely that Carrie...
Byrne v Harwood-Delgardo. Luton County Court. 21 June 2022. (Copy of Judgment) In my comments to our post on the Court of Appeal judgment in Trecarrell House Limited v Rouncefield (2020) EWCA Civ 760, I pointed out that the judgment only addressed late...
Kalonga, R (On the Application Of) v London Borough of Croydon (2022) EWCA Civ 670 The Court of Appeal was faced with the question of whether a local authority had the power to extend time for a flexible tenant to request a review of the authority's decision...
Lees v Kaye (2022) EWHC 1151 (QB) This is another judgment on the operation of the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England & Wales) Regulations 2020. (The first was part of the Brake v Axnoller...