Until the Abbott be deposed: uncertain terms

Berrisford v Mexfield Housing Co-operative Ltd (Rev 1) [2011] UKSC 32 What happens to a lease for an uncertain term? Or a tenancy that ends on some specified event, whose date is not known and which may or may not happen? Can either the tenant or the landlord rely on the clauses in the tenancy […]

Proportionality. A precis on ‘summary’

Holmes v Westminster City Council [2011] EWHC 2857 (QB) An interesting appeal from a summary possession order on the issue of consideration of proportionality. While the outcome is not, perhaps, a surprise, some of the arguments are. Plus this is an example of the High Court grappling with how the County Court should approach a […]

Well he would, wouldn’t he?

The mass letter on misrepresentation of trespass will be going out this morning (Monday 26 Sept). The letter will be sent to all the major newspapers, and BBC and ITN news, probably before you read this. The Guardian has what I think is a good article on the letter on the website here and hopefully […]

Forgive us our trespasses…

The Prime Minister’s confirmation that the government will be bringing forward legislation for the criminalisation of trespass and the proposed removal of legal aid from trespassers in the Legal AId, Sentencing and Punishment of Offenders Bill amount to the most significant changes to the law of trespass in England and Wales for generations. The media […]

Injunction, planning and committal, post Cala

Broxbourne Borough Council v Robb & Ors [2011] EWHC 1626 (QB) I’ll give a somewhat lengthy report of this case, because it is one of the first to touch on the changing planning environment for Gypsies and travellers after the DCLG’s stated intention to remove the Regional Plans and after Cala in the Court of […]

Pretty Vacant

NYK Logistics (UK) Ltd v Ibrend Estates BV [2011] EWCA Civ 683 This is a commercial leasehold case, but it is the first significant case on the meaning of ‘vacant possession’ since about 1946 and is of general application, so here it is. NYK was the lessee of a warehouse owned by Ibrend. NYK purported […]

Not too late but too little

Southwark LBC  v Barrett Bromley County Court 18/03/2011 A County Court Pinnock case. Unsuccessful but interesting in that it was a transitional case, commenced before the Pinnock judgment, and to the extent that it shows the court using the ‘seriously arguable’ threshold. Ms Barrett was a non secure tenant, the tenancy being granted under Part […]

Not going quietly…

Or round 3 of Ms Pritchard’s refusal to give up her former property to the ‘We buy your right to buy home’ firm that had obtained possession. Fineland Investments Limited v Pritchard (2011) Ch D 17/05/2011 [Note on Lawtel, unreported elsewhere] Readers may recall the possession judgment, and the multi stranded (and multi partied) appeal […]

Eviction without notice or permission

Pritchard & Ors v Teitelbaum & Ors [2011] EWHC 1063 (Ch) This case forms part of the aftermath of Fineland Investments Ltd v Janice Vivien Pritchard [2011] EWHC 113 (Ch) (our report here). It appears that Ms Pritchard was not going to take either the possession order granted in that case, or indeed her subsequent […]

Article 8 in the County Courts. Part 1 of…

We’ve heard of a couple of County Court proportionality defence decisions since Pinnock. but none in enough detail to report. One of those is, apparently, headed to appeal, so maybe more then. But we’ve now had sight of a full judgment in a County Court case involving a proportionality defence. And it is interesting, not […]