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Akhtar v Boland [2014] EWCA Civ 943 Just a quick note on this one, after a conversation with a colleague reminded me I hadn't written it up. The details of the case need not detain us, it was a PI case which had been allocated to the small claims following...
In the Summer Dave and David Smith posted about the case of Kinnear v Whittaker in the High Court. Bean J allowed an appeal against the summary disposal of a possession claim where the defendant had raised proprietary estoppel as a defence. This interesting...
Williams & Anor v Hinton & Anor [2011] EWCA Civ 1123 This, and please bear with me here, was an application for leave to appeal a Circuit Judge's trial judgment. It was also an application for an injunction to restrain enforcement of the trial judgment,...
Webb and another v Marcos and another CA, July 8, 2011 (lawtel and westlaw notes only) looks like a sad tale, as well as being one of those (hopefully rare) cases where a possession order was enforced by committal. M was the occupier of a property which had...
Bank of Scotland v Pereira & Pain & Pain [2011] EWCA Civ 241 This is a rather odd one. Although the case involves fraudulent sale and rent back agreements, mortgage possession and a rescinded sale and transfer of title, that isn't why we're writing...
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 - our...
Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329...
We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a...
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on is the LA...
Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal. The issue was vulnerability, the Pereira test, and the use of medical evidence. Mr Simms was homeless,sleeping in his car, having lost his home after losing...