Garwood v Bolter & Anor (2015) Ch D 18 November 2015 (Not on BAILII. Note of extempore judgment on Lawtel) I'm working off the lawtel note, which in some (many) respects doesn't entirely make sense. I'll try to flag the bits where I am 'interpreting'....
Proportionality and bankruptcy: On fish and terrapins
One question (of the many) arising from the watershed that is represented in English and Welsh law by Pinnock is just how far it extends. We hope to have a Court of Appeal decision on private landlords and the application of proportionality soonish. But...
Suspended Possession Orders and Insolvency: with benefit of transcript
And as if by magic (thanks J) we have a transcript for the permission hearing judgment in Godfrey v A2 Dominion [2010] EWCA Civ 941, following our earlier note here. Brief facts - the assured tenant ran up rent arrears. A2 began possession proceedings....
Bankruptcy and possession – permission granted
North British Housing v Sharples [2010] EWCA Civ 539 [Not on Bailii or Lawtel] This is the second permission to appeal hearing on this topic that we have reported recently, after Godfrey v A2 Dominion (on which we are still seeking more detail). Sadly the...
Suspended possession orders and insolvency: request for info
We've been told that on 29 July 2010, the tenant appellant in Godfrey v A2 Dominion North Ltd was granted permission to appeal. Quite what permission has been given is less clear - our source says Court of Appeal, but the case was elsewhere listed as being...
Quick to the Plunder
The decision of the Court of Appeal in Nationwide Building Society v Wright [2009] EWCA Civ 811 confirms that a court need not set aside a final charging order merely because the order was made at a time when the owner of the property was insolvent but had...
Bankruptcy and disrepair
In the end, I couldn't resist writing this one up from the report in January 09's LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting. Lambeth LBC...