You gotta have an opinion

Hounslow v Powell; Leeds v Hall; Birmingham v Frisby [2011] UKSC 8 [This is probably a work in progress. There may be further additions and comments as people get a chance/have a brainwave. We’ve also ended up writing this as something of a tag team. Chief did most of it and starts us off.] Sometime […]

Carry me out feet first

Second of the Ground 16 cases is London Borough of Brent v John Hodson [2009] EWHC 566 (QB) [Not on Bailli yet]. This was decided in January but only released in the last day or so. This is an appeal to the High Court on issues of availability of suitable accommodation for determining reasonableness of […]

Appealing reasonableness decisions

This is the first of two appeals on Ground 16 possession claims which came out today, both concerning whether it was reasonable to make a possession order. The second will be up later on. Bracknell Forest Borough Council v Harry Green & Denise Green [2009] EWCA Civ 238 centred on the consideration of the availability […]

Possessions up, down and about the same

The quarterly statistics for quarter 4 2008 on possession claims and orders are out [pdf]. Unsurprisingly, it is the mortgage repossession figures from the CML that got the headlines, being up significantly on 2007 – albeit by less than initially forecast by the CML. The mortgage possession claims issued actually dropped in quarter 4 2008 […]

Evictions and Proportionality

We’re a bit late with this one, and it is arguably quite a biggie (hat tip to Niki Goss who first pointed it out, to me at least, in the comments here). Anyway, Cosic v Croatia is a decision of the European Court of Human Rights that should be of interest as both Connors and […]

Pre-emptive possession orders

Secretary of State for the Environment Food & Rural Affairs v Meier & Ors [2008] EWCA Civ 903 was a case concerning travellers encamped on Forestry Commission land. Some of the travellers had previously camped on a nearby patch of Forestry Commission land until a possession order was obtained. The Forestry Commission (or rather the […]

ASB corner

The August 2008 Legal Action contains a couple of cases concerning anti-social behaviour possession claims that weren’t recorded elsewhere. Ealing LBC v Jama B5/08/0104 was a Court of Appeal matter. Mrs Jama was Ealing’s secure tenant of a two bed property. The household included her husband and six children. Ealing sought possession on allegations of […]

Comments on Malcolm in the Lords

Oh dear, oh dear. That could have gone better. I’m not going to go into great detail on the five separate judgments from the House of Lords in LB Lewisham v Malcolm [2008] UKHL 43, but I do want to look at where it leaves us and what the problems are with the judgments. The […]

Malcolm in brief

LB Lewisham v Malcolm [2008] UKHL 43 Court of Appeal thoroughly and unanimously overturned. The reason for the treatment is the reason in the mind of the landlord, or one which can be imputed to them. So the landlord must be aware or be imputed to be aware of the disability, and the reason for […]

And now Malcolm!

Before I even have time to get to grips with Weaver, the House of Lords judgment in Malcolm v Lewisham is out. No time even for a quick look now. Hopefully I’ll get to post something later on.