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Thanks to Housed and Garden Court's bulletin for the pointer to this Ombudsman's report [pdf] on Cardiff's failure to provide temporary accommodation pending enquiries on what was a prima facie case of 'not reasonable to remain' homelessness. Cardiff were...
William Flack has made another considered post on the issue of mental capacity for the purposes of Civil Procedure Rule 21 on his blog. He has also begun a wiki on the topic, which could be a very useful step. (For those not sure what a wiki is, see here, in...
So, then Omar v City of Westminster [2008] EWCA Civ 421 Briefly, the facts were that Mr Omar made a homeless application to Westminster. His household consisted of his wife and his infant son who had just been born and was, at the time of the application was...
I previously mentioned a Garden Court report on Omar v Westminster. There is also a brief Times report here. The full judgment is now out on Bailii and is interesting. Omar v City of Westminster [2008] EWCA Civ 421 (03 March 2008) on reviewing suitability of...
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and Regeneration...
The Court of Appeal has effectively given guidance on the application of Stack v. Dowden [2007] UKHL 17 where one is faced with a transfer into joint ownership and no express statements as to shares in the property in Fowler v Barron [2008] EWCA Civ 377 (23...
Honeygan-Green v London Borough of Islington [2008] EWCA Civ 363 (22 April 2008) A quick note on this Court of Appeal case. What happens when a secure tenant who has begun the right to buy process subsequently has a suspended possession order made against...
A Court of Appeal case, concerning eligiblity for housing assistance via EU status London Borough of Harrow v Ibrahim & Anor [2008] EWCA Civ 386 (21 April 2008) The facts are, briefly, Mrs Ibrahim is a Somali national, married to a Danish national. He...
Manchester City Council v Moran & Richards v Ipswich Borough Council [2008] EWCA Civ 378 This is a very important Court of Appeal judgment, which will have significant impact on Women's Refuges and women fleeing domestic violence. These were two appeals,...
Just a quick note to say that Housed has a report on a County Court judgment on a claim for failure to put deposit in scheme and notify tenant within 14 days. (Stankova v. Glassonbury 10th March 2008, Gloucester County Court. Initial report apparently via...
London Borough of Wandsworth v Allison [2008] EWCA Civ 354 is a Court of Appeal judgment on an appeal from a s.204 Housing Act 1996 appeal. It was made in downright odd circumstances, as the respondent had won the s.204 appeal but then had public funding...
More brief but hopefully helpful replies to the civil litigation and housing questions that brought searchers to Nearly Legal. As ever, nothing of what follows should be taken as legal advice and no action should be taken without obtaining full legal advice....