More results...
Truro Diocesan Board of Finance Ltd v Foley [2008] EWCA Civ 1162 In March 1987 Mr Foley became the tenant of a property owned by the predecessor in title of the Board. In 2000, the Board sought possession of the property. They contended that Mr Foley was a...
Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch) Now this is a complicated little case which, I suspect, will give rise to more questions...
Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) was a judicial review of the decisions by Coventry and Havering councils to close care homes with elderly residents suffering from dementia or physical...
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The headline is...
The House of Lords is due to hand down judgment in Doherty v Birmingham tomorrow (30/7). This will include their Lordships' first take on McCann v UK. I'm aiming to have some sort of case note up by tomorrow night. It will be the start of a busy patch for...
Gilboy, R (on the application of) v Liverpool City Council & Ors [2008] EWCA Civ 751 is the appeal from the Judical Revew decision noted in this previous post. The appeal, was by general consent, on one issue alone. Does the internal review procedure for...
Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment. I'm still trying to work out for myself what the likely or even possible effects are, so this is a work in progress....
A few bits and pieces... Gilboy v Liverpool CC has a hearing at the Court of Appeal on 19 or 20 May (thanks J and GCN). Doherty v Birmingham is at the House of Lords later this year, which should be a big test for the legacy, if any, of McCann (thanks J,...
Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren't any), the ECtHR has decided to put a large stick in the spokes. As many people have...
The Joint Committee on Human Rights has recommended that the Oftenant regime and the Housing and Regeneration bill extend the scope of the Human Rights Act to Registered Social Landlords. In response to the Housing Federation complaining that this would...
This is an interesting case that I missed when it came out on Bailii a couple of months ago. It has just been mentioned in Legal Action, so I went to have a look. Austin v London Borough of Southwark [2007] EWHC 355 (QB) concerned an attempt to revive a...
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....