there are quite a few cases to cover. Ahmad, R (on the application of) v London Borough of Newham [2008] EWCA Civ 140 on determining priority in allocation schemes. G, R (on the application of) v London Borough of Southwark [2007] EWCA Civ 1506 on...
Considering Equality of Opportunity
Baker & Ors, R (on the application of) v Secretary of State for Communities & Local Government& Ors [2008] EWCA Civ 141. A Court of Appeal judgment on appeals of refusal for planning permission for the retention of mobile homes on green belt land...
Holmes to the Lords
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...
The Crown as squatter
A more than a little unusual Court of Appeal judgment on adverse possession has just been handed down. Roberts v Crown Estate Commissioners [2008] EWCA Civ 98. I won't go into the details - it involved a challenge to Crown possession of an area of foreshore...
Time limitation on disability discrimination defence?
This is definitely a specialist question, for which I seek housing people's opinions. A semi-hypothetical situation: A suspended possession order made against the client, a secure tenant, two years ago on grounds of rent arrears. Client didn't attend...
Harry Potter's premises, 'what is a house?' and waivers
OK, so they are late. In fact so late that the Times has started to catch up. Finally, some brief comments on the three cases from last week. Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10. What constitutes a premises for the purposes...
Oliver Twist
Not being satisfied with putting the boot in only once to Caroline 'Workhouse' Flint, I've had another go, this time in a podcast with Charon QC, now available for your listening pleasure. I hope and trust that this is giving the proposals more attention...
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...
They'll have to wait
In a sudden rush we have: Court of Appeal: Greenwood Reversions Ltd. v World Environment Foundation Ltd. - and - Madhav Mehra [2008] EWCA Civ 47 on forfeiture of lease. House of Lords: Majorstake Limited (Respondents) v Curtis (Appellant) [2008] UKHL 10 on...
Tenancy and occupation through employment
Wragg & Ors v Surrey County Council [2008] EWCA Civ 19 is an appeal on the refusal of some Right to Buy applications, but the main issue is when a tenancy falls under Schedule 1, para 2(1) Housing Act 1985, which provides: "… a tenancy is not a secure...
Adverse possession, Art 1 and acknowledgements
Ofulue & Anor v Bossert [2008] EWCA Civ 7 deals with an adverse possession case prior to the Land Registration Act 2002. Some notes: The (then) law on adverse possession does not breach Art.1 Protocol 1, Pye v United Kingdom [2007] ECHR 44302/02 applied....
Disability discrimination – the comparator
Following on from the previous post, and the detailed discussions that took place in the comments to that post, I wanted to try to clarify for myself the key element of establishing discrimination, which hopefully may be of use for others. In particular, I...