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There are a couple of articles in the latest Journal of Housing Law (Vol 11, issue 1 2008) on Malcolm v London Borough of Lewisham and the effect of the Disability Discrimination Act 1995 on possession orders. I'd say the articles are of varying interest....
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...
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)...
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...
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...
The latest case to test the Connors, Kay and Doherty formulations on human rights defences to possession cases (see here for previous post, including the comments) has just had its Court of Appeal judgment released. I would assume that Smith (On Behalf of...
Blimey, who declared this Estoppel month? The latest is Powell & Anor v Benney [2007] EWCA Civ 1283. Although the case itself is not that interesting, the judgment is worth a look as it gives a clear overview of the Court of Appeal's current thinking in...
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...
In James v Thomas [2007] EWCA Civ 1212, the Court of Appeal fine-tuned some points on constructive trust and proprietary estoppel, with reference to shares in property. To note from Sir John Chadwick's main judgment: A constructive trust can arise some years...
[Edit, time slightly later on. In the comments to her post Tessa suggests that the case discussed below was not a judgment at all but merely adjourned from the undefended list for a hearing of the issues. So none of what follows is of much significance.] A...
We've been doing quite a few s.85 revival of tenancy applications recently, mostly successful. Where arrears have been paid off, our usual line is that no specific payments have been made for court costs and that court costs have not been added to the...
Hat tip to Cearta.ie for this extraordinary story from the Irish Times: Landladies ordered to pay students €115,000 in damages Simon Carswell 14 November 2007 Two Dublin landladies have been ordered to pay damages totalling more than €115,000 to 10 students...