Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable...
Appealing reasonableness decisions
This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on. Bracknell Forest Borough Council v Harry Green & Denise Green...
The Irish Doherty?
This is well outside our usual beat, not to say our jurisdiction, but in an interesting case, the Irish High Court in Dublin City Council v Gallagherr [2008] IEHC 354 has found, for a second time, that summary possession proceedings, infringed Art. 8 rights...
The difference in Doherty?
A Court of Appeal judgment expressly dealing with a post Doherty public law defence to termination of licence by Notice to Quit was handed down today. Doran v Liverpool City Council [2009] EWCA Civ 146 concerned a possession claim for a plot on a local...
Do not pass Go
Cambridge City Council v Joyce No link for this one, but it was noted on Lawtel this morning and has been reported as [2009] All ER (D) 234 (Feb). Mr Joyce was a secure tenant of one of Cambridge's properties. His tenancy contained conditions not to harass...
With friends like these…
Cheval Bridging Finance Ltd v Bhasin and others [2009] EWCA Civ 1613. Mrs Bhasin had lived at 9 Long Acre Drive since May 1975. Initially, she was a tenant of the local authority but, in c.1988, she purchased the property under the "Right To Buy" scheme and...
Possessions up, down and about the same
The quarterly statistics for quarter 4 2008 on possession claims and orders are out [pdf]. Unsurprisingly, it is the mortgage repossession figures from the CML that got the headlines, being up significantly on 2007 - albeit by less than initially forecast by...
Something for the weekend
The House of Lords will be giving judgment in Glasgow CC v Mitchell on Wednesday 18 Feb 09 (link is to a .pdf). This is a case that we've missed so far but, in essence, is about the scope of the duty of care (if any) owed by a landlord to their tenants in...
Evictions and Proportionality
We're a bit late with this one, and it is arguably quite a biggie (hat tip to Niki Goss who first pointed it out, to me at least, in the comments here). Anyway, Cosic v Croatia is a decision of the European Court of Human Rights that should be of interest as...
Ask and ye shall receive
Yesterday evening I asked for more information about Dixon v Wandsworth LBC (No 2) [2009] EWHC 27 (Admin) and, by the next morning, two copies of the transcript had made their way to my inbox. My gratitude to The Chief and to William Flack of Flack & Co,...
Desperately Seeking Dixon
Garden Court chambers have a note of a case called Dixon v Wandsworth LBC [2009] EWHC (Admin) 27. It isn't on Bailii, Lawtel or Casetrack. I know that some Garden Court people read this blog and if anyone has more information about it (or a transcript)...
The Basildon Endgame
As people may well have noticed from the news on TV and in the press, the last Court of Appeal hearing in the drawn out saga of the (unlawful) Essex traveller sites resulted in a defeat for the travellers. Basildon District Council v McCarthy & Ors...