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Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is - potentially - quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in possession...
Via a somewhat convoluted route, we have received news of a cautionary tale from Croydon. Consider it an illustration of the need to use conditional language when writing about something which is supposed to happen but which is outside of your control. It is...
Knowsley Housing Trust v Prescott & Prescott [2009] EWHC 924 (QB) Mr & Mrs Prescott were the assured tenants of Knowsley Housing Trust and had been since 2002. On 11 April 2006, Mr Prescott pleaded guilty to charges relating to the supply of cocaine...
Garden Court's bulletin of 27 April includes a case note, Thornhill v Sita Metal Recycling Cambridge Ltd [2009] All ER (D) 162, on nuisance, possession of and interest in land. The upshot being that the nature of a claimant's legal interest in land is by the...
There are several cases in the latest LAG updates that we haven't covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v...
McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords. Mr McGlynn was granted a non-secure tenancy by Welwyn in 2000, in pursuance of homelessness obligations...
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...
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...
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...
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...
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...
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...