Thanks to Mark P for noticing that Holmes-Moorhouse v LB Richmond is going to the House of Lords. Richmond sought and have been granted permission. I think this could be a tricky one, not just on the residence/staying with issue, but also on the differences...
Birmingham v Aweys
Hot off the press - judgment released today. Birmingham, apparently intent on suicide, appealed the judicial review decision in Aweys. Birmingham City Council v Abdishakur Aweys & Ors [2008] EWCA Civ 48. They lost, badly, on all counts. Birmingham argued...
Hey, you asked…
For some of us internet old timers, who were on usenet before the WWW existed and were hand coding websites in the mid 1990s, it is still a surprise how people treat search engines as something to put a fully fledged question into. January has been a bumper...
Omar update
Craig Keenan from Community Law Partnership has added another comment to my original post on Omar -v- Birmingham CC to the effect that funding may be forthcoming for a House of Lords appeal. Also the key issue, which is whether Councils can rely on s.193(5)...
Christmas rush
It seems I wasn't the only one frantically getting cases progressed before the holiday break. The Court of Appeal has been churning out judgments at an extraordinary rate. Amongst them one housing law judgment... Green & Anor v London Borough of Croydon...
Of orthopaedic footwear and possession orders
Not a particularly significant case, but not one you see every day either. Nuisance by adverts for wigs, orthopaedic footwear, and dating agencies. Accent Peerless Ltd v Kingsdon & Anor [2007] EWCA Civ 1314 was an appeal of an outright possession order...
"Reasonable to Occupy" – Nipa Begum revisited
In Waltham Forest v Maloba [2007] EWCA Civ 1281, the Court of Appeal has revisited the issue of 'reasonable to occupy' in terms of the homelessness provisions of Housing Act 1996. Briefly, the facts were that Mr M had lived in the UK since 1989 and acquired...
Housing case flood
Just a note. Comments to follow, asap. Court of Appeal: Wandsworth v Randall [2007] EWCA Civ 1126 Succession and possession for under-occupation. London Borough of Southwark v Dennett [2007] EWCA Civ 1091 Right to Buy, Delay and Misfeasance in Public Office...
Overcrowding and homelessness
Right then, Harouki v Royal Borough of Kensington & Chelsea [2007] EWCA Civ 1000. The scene in a nutshell. A statutorily overcrowded household, in terms of Part 10 of the Housing Act 1985, s.326, which gives rise to a criminal offence under s.327 A homeless...
Busy, Busy, Busy
I'm flat out at the moment. Even my usual posting windows of a Saturday or Sunday have seen me either too tired or working to manage a post. So all I can manage is to point to two cases for Housing people's attention, to which I will return when I have time....
Homelessness and Ex Parte Injunctions – a warning
Mr Justice Munby has issued a stern statement on the use and abuse of ex-parte injunction applications to the Administrative Court in R (Lawer) v Restormel Borough Council [2007] EWHC 2299 (Admin). Covering failure to use the Pre-Action Protocol,...
Homeless with shared residence order
[Edit Feb 2008 - Richmond have been given permission to appeal this judgment to the House of Lords. No date yet.] An interesting situation, if perhaps an increasingly common one, has just been set out in the Court of Appeal case of Holmes-Moorhouse v London...