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 by the Court of Appeal and is now available […]

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 only on the basis of evidence submitted by the landlord… or […]

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 anti-social acts in the local area. In response, Wandsworth issued possession […]

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 Southwark. Mr Allen was a Southwark tenant. […]

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 at Lambeth County Court. Hallam-Peel were acting for the applicant. Before […]

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 might want. As ever, none of what follows constitutes legal advice and you should always consult a […]

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, and the benefit of time and reflection to go on. Before we […]

Lack of ownership in shared ownership

[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 to this post, a few people, mostly being me, were […]

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 refusals, all resulting from a claim for leasehold enfranchisement by three leasehold tenants. Two […]

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 simple enough, the case was remitted to the High Court for […]