Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We've also ended up writing this as something of a tag team. Chief...
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...
Dear Mr Shapps
My word, what a fountain of press releases you have been lately. Quite takes me back to the heady days of John Healey. But it is this press release I want to talk about, the ‘Neighbours from Hell’ one. You announce that you: will introduce a new additional...
Defamation again: Mrs Clift wins in the Court of Appeal
Last year I blogged about Mrs Clift winning a claim for defamation against Slough Borough Council. The facts are in the earlier post. Slough's appeal was rejected by the Court of Appeal in Clift v Slough Borough Council [2010] EWCA Civ 1171. While the point...
Borscht with your Royale?
Continuing the food-related nature of our posts on Art. 8, ECHR cases (see, inter alia, here and here) we've got a bit of cold borscht from Ukraine in the case of Kryvitska and Kryvitskyy v Ukraine App. No. 30856. Like a bowl of borscht, I'm not quite sure...
X & Y v UK?
Thanks to Chief and with particular thanks to the UK Human Rights blog, we now know that the claimants in X&Y v Hounslow have gone to the European Court of Human Rights. As you will recall, this was the desperately sad case which, at first instance,...
Brave New World or Same Old Story
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
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...
You can never find an Austrian when you need one
National Westminster Bank Plc v Rushmer [2010] EWHC 554 (Ch) is a rather complex case involving enforcement of charging orders. I'm not going to deal with the full background, which is set out in the judgment and in this earlier case, I just wanted to raise,...
No room for ravers
Oluić v Croatia (application no. 61260/08) is a decision of the First Section of the European Court of Human Rights demonstrating, if further evidence were needed, that Croatia, housing and article 8 just don’t get along all that well. Mrs Oluić complained...
I think they're trying to tell us something
The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the...
Peverse incentive
We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...