Giving 110%

We wouldn’t usually cover a PI case here on NL, but Simmons v Castle [2012] EWCA Civ 1039 has – and is intended to have – implications far beyond PI. The case itself was an appeal arising out of a road traffic accident. The Recorder had awarded damages which, I presume, the appellant thought were […]

Judicial review of a closed minded appeal

Sharing, R (on the application of) v Preston County Court [2012] EWHC 515 (Admin) [Updated 20 June 2012 to make clear this was a permission to appeal decision, not an appeal hearing] This is by any measure an unusual case. It is a judicial review of the conduct of an application for permissiono to appeal […]

Shaken and Stirred

Jones & Anor v Ruth & Anor [2011] EWCA Civ 804 We missed this one when it came out in July 2011. Not sure why – sorry. This was an appeal of a claim in nuisance, trespass, harassment and personal injury. The claim arose out of building works on an adjoining property. The appeal is […]

On legal aid and letters pages: bits from last week

Some bits and pieces from the last week that didn’t quite fit in elsewhere. First – developments in the Legal Aid, Sentencing and Punishment of Offenders Bill. At the committee stage a large number of amendments were tabled, both by the Government and by the opposition. The opposition amendments would have introduced a revised definition […]

That’s not the way to do it

Zolotareva v Russia (App. No. 15003/04) With a hat-tip to the Garden Court bulletin, here is a decision of the European Court of Human Rights on the enforcement of an eviction. Ms Zolotareva lived in a municipally owned flat with her son, ex-daughter-in-law and grandchild. She thought that could no longer all live together (I […]

Tenancy deposit penalties awarded!

There are two appeals on cases involving claims for the return of deposits and the three times penalty in both of which – astonishingly, given the recent history of High Court and Court of Appeal decisions – the tenant was awarded the penalty. We have said before that it would now be a somewhat incompetent […]

A Not So Unlawful Eviction

R v Q [2011] EWCA Crim 1584. On Lawtel but not on BAILII This is an appeal concerning s1(3A), Protection From Eviction Act 1977. This subsection was inserted by the Housing Act 1988 and was intended to fix a problem with s1(3). S1(3A) reads: Subject to subsection (3B) below, the landlord of a residential occupier […]

Cock up, not conspiracy…

Allen v Southwark LBC [No.2] [2011] EWCA Civ 470 I haven’t been able to find a report on this case, save for a note in the Garden Court Housing Law Bulletin for 26 April 2011. If anyone has a transcript, we’d be very keen to see it. This looks like the end for Mr Carlos […]

Unlawful eviction quantum – assault and expulsion

The usual hat tip to ‘recent developments in housing law’ in Legal Action for this one, and also Mick O’Sullivan at Avon and Bristol Law Centre. Boyle v Musso, Bristol County Court 25/10/2010 Mr Boyle was an assured shorthold tenant. There had been a dispute with the landlord, Mr Musso about Mr B withholding rent […]

On crowbars and considered conduct

Strydom v Fowler. Brentford County Court 24 November 2010 A County Court case involving possession, unlawful eviction, trespass and Housing Act 1988 s27 and s28. Our thanks (as ever) to the Legal Action ‘Recent Developments in Housing Law’ for this one. Mr F was the assured shorthold tenant, on  what had become a statutory periodic […]