We don't usually cover gypsy & traveller planning permission cases, since they tend to turn on their own facts, but Rafferty and another v Secretary of State for Communities and Local Government and another [2009] EWCA Civ 809 has one point of wider...
A very short note
The decision of the House of Lords in R (Purdy) v DPP [2009] UKHL 45 (the assisted suicide case) clearly has nothing to do with housing law but, as a general statement of law, para. 34 is very interesting. ... it is obvious that the interests of human rights...
RSLs support L&Q in Weaver appeal
According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To...
Kay re-stated
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
Weaver v L&Q Newsflash
R(Weaver) v London & Quadrant [2009] EWCA Civ 587 is out (link to doc of the judgment thanks to Garden Court) This was the Court of Appeal hearing of L&Q's appeal of the High Court finding that it was a public authority in its housing function,...
Martin Creed is not kosher
The lights go on, the lights go off, the lights go on, the lights go off. Such was Martin Creed's Turner Prize winning installation (and I will not hear a word against Creed - I warn you now, any objection will be met with a lengthy analysis of late...
Article 6, outsourced reviews and bias.
The outsourcing of s.202 Housing Act 1996 reviews by local authorities to private, commercial bodies came under scrutiny in Charlotte Augustin v London Borough of Barnet, Central London County Court, 22 May 2009 (no report available online yet). There are a...
"Something of a mess"
We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available. The history L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he...
O(L)ivers Army
Defence Estates v L and another, High Court (Administrative Court, Collins J, 5.5.09) [2009] All ER (D) 20 (May) is - potentially - quite an important case on the ongoing Qazi/Kay/Doherty/Connors/McCann/Cosic debate about the role of Article 8 in possession...
Bits from LAG and nuisance & Art 8
There are several cases in the latest LAG updates that we haven't covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v...
Kay in the ECtHR
The Statement of Facts, together with the Question posed by the ECtHR is now online.
A Weaver v L&Q interlude.
While we wait for the Court of Appeal judgment in Weaver v London & Quadrant - the case was heard in the last week of February, I believe - we have a judgment along the way, specifically on Weaver's application for a protected costs order (PCO). It is...