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One of the less well-remarked upon changes in the Localism Act 2010 was a set of radical changes to the role of the Housing Ombudsman (the current incumbent being the lovely Mike Biles). In short, the HO takes over jurisdiction for local authority housing...
A short note to pass on some exciting news for West Country readers: if you were unaware (as I was until my very wonderful Head slapped the press release on my desk), the Administrative court starts in Bristol in the w/c 5th November 2012. I heard that...
Hot on the heels of Buckland v UK follows a further decision of the ECtHR: Pelipenko v Russia, which is likely to add further weight to the Article 8/private sector debate. The case is distinctive for the State's shocking mishandling of the litigation...
The ECtHR's recent decision in Buckland v UK [updated link to amended judgment 5 October 2012] demonstrates again how wonderfully delphic the subject of housing and Article 8 rights has become. In one sense, the outcome was fairly predictable because the...
Our previous report on the possession claim in Defence Estates v JL and another [2009] EWHC 1049 (Admin) can be found here. There now follows a judicial review of the decision to enforce the possession order made in that claim: JL v SS for Defence [2012]...
IT IS NO PART OF THE COURT OF CONSTRUCTION TO IMPROVE A DOCUMENT HARRY FITZHUGH v ANTHONY FITZHUGH EWCA Civ 694 The Claimant and Defendant were brothers. They were joint administrators of their father’s estate. This consisted of a farm and land. Anthony and...
[amended on 4/7/12] This is a note of a homelessness appeal which was heard on 9/3/2012 by HHJ Worster in Birmingham County Court. The case was run by the Community Law Partnership and by counsel, James Stark, who kindly provided a transcript of the...
In Southwark LBC v Ofogba [2012] EWHC 1620 (QB) Hickinbottom J clarified the routes of appeal for appeals against orders arising in possession claims. Facts Briefly, Southwark brought a claim for possession against Mr Ofogba on the basis of rent arrears. Mr...
All there is at the moment is a Lawtel note of Amicus Horizon v Mabott and Brand and no neutral citation. It concerns whether Mr Brand was living with Ms Mabott as her husband for the purposes of succcession to Ms Mabott's tenancy: s 17(4), Housing Act...
Marshall Dixon and others v Wellington Close Management Ltd [2012] UKUT 95 (LC) is, so far as I can tell, the first Lands Tribunal/Upper Tribunal case on s.37, Landlord and Tenant Act 1987. As you'll know, the 1987 Act gives the LVT power to vary residential...
Dixon v UK has now reached a conclusion in the ECHR with an Order made on 21/2/12 removing the case from the lists under Art 37 (1)(c) of the Convention. This Order is the Court's response to a unilateral declaration made by the UK government on 8/11/11...
Babenko v Ukraine Appn No 68726/10 of 4/1/12 is an ECHR Chamber decision which looks at the relationship between an applicant's right to social housing from the state and Art 1 of the ECHR First Protocol. The Applicant was a WWII veteran who registered in...