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Lee v Lasrado [2013] EWHC 2302 (QB) On the whole, trying to appeal an unlawful eviction judgment and quantum decision against you on the basis that you are not actually the landlord is not an approach to be recommended. This appeal decision in the High Court...
An appeal against conviction on an illegal eviction case. We didn't report it at the time, but in R v Jay Allen & Razwan Mohammed, in Sheffield County Court, September 2012, Jay Allen was convicted of illegal eviction under section 1(3A) Protection from...
Property Guardians seem to be a growth industry. If you haven't come across these yet, you probably will at some point. The Guardian agency puts people into a vacant commercial or residential building to live as occupiers, effectively providing security to...
Or Simmons v Castle round two Simmons v Castle [2012] EWCA Civ 1288 As you may know, the original Court of Appeal decision in Simmons v Castle on the 10% uplift in general damages (our report here) was revisited after representations by the ABI and APIL. I'm...
An unlawful eviction case with some unusual dramatis personae. Rebecca Claire Webb v Samina Amreen Birmingham County Court 31 August 2012 [Unreported elsewhere] Ms Webb was the assured shorthold tenant of Ms Amreen, for a 6 month term from September 2007...
Henson v Blackwood & Blackwood. Mayors & City of London Court 29 June 2012 & Central London County Court 25 July 2012 [We are grateful to Dean Underwood of Hardwicke Chambers for his notes on this case, from which quotes are taken and to GT...
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...
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...
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...
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...
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...
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...