No admittance

Sharon Horie v the United Kingdom – 31845/10 [2011] ECHR 289 Back at the end of 2009 we reported the Supreme Court case of Secretary of State for Environment, Food and Rural Affairs v Meier and another, which upheld the use of a quia timet injunction – a prospective possession order – against a group […]

Kay v UK – A royale quarterpounder?

Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we’ve been arguing between ourselves as to how best to deal with it. Frankly, we can’t agree on what the case actually means and what the possible effects are. So we’ve done this as a […]

Kay v UK: Newsflash

The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones. Full post coming later. [Edit: link to […]

Carrots and sticks – travellers’ sites

News from Mr Pickles and the DCLG Item 1. The Government is to bring s.318 Housing and Regeneration Act 2008 into force, finally according travellers on authorised sites the same security as those who come under the Mobile Homes Act. Hurrah. Item 2. Planning circulars regarding construction of authorised travellers sites are being scrapped. Apparently […]

“Responding to Human Rights Judgments”, or then again, not.

The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the previous government. But in terms of the actual response, I […]

Co-ops, equity and void leases

Berrisford v Mexfield Housing Co-Operative Ltd [2010] EWCA Civ 811 We reported on the High Court appeal in this case here. By the time it reached the Court of Appeal it had turned into quite a different case altogether. At the High Court, Ms Berrisford was unrepresented and summary judgment was given against her on […]

Delays, Public Law Defences and Suspended Orders

London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public law defence. In this case, Corcoran and O’Donnell – […]

Damages or Restitution

Shi v Jiangsu Native Produce Import & Export Corp [2009] EWCA Civ 1582 (06 October 2009) While perusing our new copy of Legal Action here at Nearly Legal Towers we came across the above case which we had not previously spotted so it is presented here with some embarrassment. S was an employee of JNP […]

Gateway (b), CPR 55.8(2), and disclosure: Brent LBC v Stokes

The Court of Appeal have refused permission to appeal in Brent LBC v Stokes [2010] EWCA Civ 626 (not on Baili yet) – we reported the High Court judgment here, which contains the summary of the facts and the important decision of King J.  The case raises a really significant point about the seriously arguable […]

A locked room mystery

LB Lambeth v Emeter [2010] EWCA Civ 527 [not on Baili, note from a transcript] This was a renewed permission to appeal hearing which foundered on Mr Emeter’s complete lack of Agatha Christie-esque skills in plotting, detail and making evidence ambiguous. Mr E was a secure tenant of Lambeth. He obtained the tenancy in 1997 […]