[Edit 15/09/08. It now looks like the following judgment is a) being appealed shortly and b) may only have been a County Court judgment, not High Court - this latter point is not clear but reliable sources say County Court] [Edit 18/09/08. In the comments...
And the 23rd Claim…
As a tale of vexatious litigants, HM Attorney General v Ford & Anor [2008] EWHC 2066 (Admin) has it all. Mysterious changes of identity, admitted perjury, repeated applications for judicial review of refusals to give permission to appeal, and appeals of...
Notes on Doherty v Birmingham CC
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...
Doherty handed down – more later
Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 That's 79 pages of reading to do...
Incoming
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...
Possession and evidence
North Devon Homes Ltd. v Batchelor [2008] EWCA Civ 840 concerned a claim for possession of an assured tenancy. At County Court, the claim was brought on grounds 10, 12 and 14 HA 1988. While the claim resulted in a postponed possession order for ground 10...
Adjourning pending Malcolm in the Lords
One of the three cases mentioned in S v Floyd as forthcoming test of the application of Lewisham v Malcolm on the application of the DDA to possession orders has been heard and adjourned by the Court of Appeal. LB Croydon v Wright [2008] EWCA Civ 607 (not on...
Snippets
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,...
‛simply wrong-headed’
Apparently Wandsworth are very very unhappy with the Court of Appeal judgment in Wandsworth v Randall on underoccupation possessions via ground 16 HA 1985. So unhappy that they are lobbying Caroline Flint to change the law via the Housing and Regeneration...
DDA and mandatory possession
S v Floyd [2008] EWCA Civ 201 is a Court of Appeal case in which the Disability Discrimination Act 1995 is considered in relation to a mandatory Ground 8 possession claim by a private landlord. In some ways, there is nothing particularly surprising in the...
Payne-less
Porter v Shepherds Bush Housing Association [2008] EWCA Civ 196 is a Court of Appeal judgment on an appeal of an application for revival of tenancy where all the arrears were paid off on a breached suspended possession order. The Court of Appeal was...
While waiting for Weaver…
I'm eagerly awaiting the judgment in R(Weaver) v London & Quadrant, but, in one of those quirks of synchronicity, Bailii has just put the Court of Appeal Judgment in Donoghue v Poplar Housing & Regeneration Community Association Ltd & Anor [2001]...