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Joseph v Nettleton Road Housing Co-Operative Ltd [2010] EWCA Civ 228 is a decision that was decided on its facts, but since it is the first example of a claim for judicial review against a housing co-operative, I took an interest. The facts are that Mr...
Last year we reported the decision R (Smith) v Land Registry [2009] EWHC 328 (Admin) in which the High Court held (amongst other things) that it was impossible to acquire land by adverse possession if that land was subject to a public highway. At the time I...
A friend of NL (who will remain nameless unless he wants to out himself in the comments) has asked if we would post a question about statutory periodic assured tenancies, in order to try and generate a bit of debate (and, perhaps, even work out the answer to...
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"] Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband) v...
News reaches us here at NL towers about five gateway B cases that are due to be heard shortly. Apparently some or all of the authorities (Manchester, Birmingham, Hounslow, Leeds and Salford), together with the government, were trying to get the cases...
R (Joseph) v LB Newham [2009] EWHC 2983 (Admin) We noted the permission decision in this case back in September 2009 when I expressed the view that, if Newham lost this case then some fish-based humiliation was due to them. Well, the claim for judicial...
Re Flat 3, 49-51 Cheval Place, London, SW7 1EW LRA/123/2009 Certain qualifying tenants of flats are, pursuant to the Leasehold Reform, Housing and Urban Development Act 1993, entitled to acquire an extended lease of their flat in exchange for a statutorily...
Port of London Authority v Ashmore [2010] EWCA Civ 30 is a really odd decision by the Court of Appeal to the extent I had to read it through carefully twice to be sure I understood its effect. I am still not sure that I do. You may remember that we reported...
Shersby v Grenehurst Park Residents Co Ltd LRX/142/2007 Upper Tribunal (Lands Chamber) The appellant held a lease of a flat in a former mansion house. The wider estate comprised 17 such flats and a number of freehold houses and mews cottages. In total there...
Kakas v Farmer, Court of Appeal, 29.1.10 (extempore judgment, only available as a lawtel note) Section 27, 1988 Act creates a statutory tort of attempting or actually depriving a residential occupier of his occupation of some or all of the premises....
Two HB decisions from the Upper Tribunal, Administrative Appeals Chamber have appeared, which are interesting because they demonstrate the approach of the Tribunal to the construction of the HB Regs (Torbay Borough Council v RF [2010] UKUT 7 (AAC) (14...
R (Van Boolen) v London Borough of Barking & Dagenham [2009] EWHC 2196 (Admin) Last in our series of updates is Boolen v Barking & Dagenham. Again we only had a Lawtel note to go on in our previous report, which left us with some questions. Now we have...