What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of...
A Post-Doherty Appeal?
Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather...
Risky business
In CDS Housing v Bellis [2008] EWCA Civ 1315, the Court of Appeal in a short judgment upheld a possession order made in favour of the Claimant housing association against Mr Bellis, a secure tenant, who suffered from serious delusions. Mr Bellis appears to...
Tolerated trespassers in the House of Lords
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v LB...
Equality bill to tackle Malcolm judgment
From Usefully Employed (hat-tip) comes the news that the consultation on the Equality Bill proposes the introduction of indirect discrimination as a category, which would help with the horlicks that the Lords made of the 1995 Act in Malcolm v Lewisham: [the...
The powers of the appellate court
Admiral Taverns (Cygnet) Ltd v Daniel and another [2008] EWHC 1688 (QB), and [2008] EWCA Civ 1501. We seem to have missed this important case when it was at High Court level. Sorry about that. An appeal against the High Court judgment has just been dismissed...
Enforcing Postponed Possession Orders
LB Wandsworth v Whibley [2008] EWCA Civ 1259. If a postponed possession order is made and the landlord takes the view that the conditions of postponement have been broken, the application for a date for possession should be conducted on a summary basis and...
Pour encourager les autres
Webb v Wandsworth LBC (Court of Appeal, November 12, 2008, extempore judgment and only noted in Arden Chambers Eflash 328) Ms Webb was the secure tenant of LB Wandsworth. Between 2005 and 2006 her son was involved in a number of serious criminal and...
Harassment by possession claim
In what appears to be a good week for somewhat bizarre cases, may I present Carlos Allen v London Borough of Southwark [2008] EWCA Civ 1478. This was an appeal by Mr Allen to the Court of Appeal of the striking out of his claim for harassment against LB...
A cautionary tale
Or the story of the warrant request that wasn't there. Hallam-Peel & Co v London Borough of Southwark [2008] EWCA Civ 1120 is a second appeal from a wasted costs order against Hallam-Peel, a legal aid housing firm, made during stay of warrant proceedings...
Hey, you asked…
Another in Nearly Legal's sporadic attempts at being helpful to passing internet searchers. All the questions are genuine searches from the logs, including the rather puzzling 'crinoline flint', which perhaps gives more insight into the searcher than one...
Shared Ownership – Midland Heart with benefit of transcript
The earlier post on this shared ownership possession case, Richardson v Midland Heart Ltd, (November 2007 Birmingham) attracted a lot of comment, some of it excitable and ill-informed (and much of that from me). Nearly Legal now has a copy of the judgment,...