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Spielplatz Ltd v Pearson & Anor [2015] EWCA Civ 804 It would be easy to make smutty jokes during this post…and be in no doubt that I will do so! However, that should not detract from what is a pretty key decision in the crucial question of whether a...
Although it is a commercial property case, Freifeld v West Kensington Court Ltd [2015] EWCA Civ 806, is of interest and relevance to residential landlord and tenant law as well, as the Court of Appeal grapple with the approach to be taken to granting relief...
The Upper Tribunal has another go at the separated families issue in CH 0062 2015-00 and this time, unsurprisingly, shuts down completely the FTT dissenting position in a Middlesborough FTT decision, while upholding and amplifying MR v North Tyneside. In...
In Bagum v Hafiz and Hai [2015] EWCA Civ 801, the Court of Appeal considered, apparently for the first time, the extent of its discretion under section 14, Trusts of Land and Appointment of Trustees Act 1996 ("TLATA"). The case is a sad and apparently...
In Mohamoud v RB Kensington and Chelsea and Saleem v Wandsworth LBC [2015] EWCA Civ 780, the Court of Appeal were faced with the difficult argument about the interaction between section 11, Children Act 2004 and possession proceedings brought by a local...
The CA is to hear bedroom tax appeals in A (the DV sanctuary appeal - our note here) and SR (where a minor requires overnight care - our note here) next term. A had been stayed pending the UKSC appeal in MA. However, Underhill LJ and Sir Stanley Burnton...
I (that being NL) am off on holiday for a couple of weeks. As I'm not the only one doing posts, there may well be posts during that time. But I am the only one who knows how the sending of updating emails works (and it is currently a bit of a bodge). The...
After several days of a mixture of swearing and incredulity, I am finally ready to write about the 'emergency' budget (the emergency apparently being the pressing need to raise inheritance tax thresholds). For housing, the budget will have a significant...
Khuja v Chowdhury [2015] EW Misc B18 (CC) A County Court deposit protection case, and an illustration of some of the ways in which landlords still haven't figured out how the deposit rules work. Ms C was the assured shorthold tenant of Mr K, allegedly a...
1957 was an important year. Russell Endean became the first man to be out "handled the ball" in a Test Cricket match. Anthony Eden resigned and Harold Macmillan became PM. The Cat in the Hat was first published. And it was the last time that anyone updated...
In R(Alemi) v Westminster CC [2015] EWHC 1765 (Admin), which has been widely reported already (eg here; and all over my twitter feed), HHJ Blair QC found that Westminster's allocation scheme was unlawful in disbarring successful homeless applicants (other...
Johnston v City of Westminster [2015] EWCA Civ 554 A curious case on the effect of a s.198 Housing Act 1996 referral of a homeless applicant to another Authority. Mr Johnston had applied to Westminster as homeless in 2011."For 7 years from 2004 until 2011 he...