Thanks to Marina Sergides of Garden Court for this note of an interesting County Court possession claim, defended on public law grounds. Tower Hamlets LBC v Ali, County Court at Clerkenwell & Shoreditch. 21 July 2021 Tower Hamlets (“TH”) brought a claim...
Possession as a proportionate response
An appeal of a possession order, on grounds of disability discrimination and public law. Eales v Havering LBC (2018) QBD 13/07/2018 (extempore judgment, note on Lawtel) Ms E had a non-secure contractual tenancy from Havering. Havering had sought possession...
Brave New World or Same Old Story
Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links) Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny...
Pinnock forthcoming…
It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.
Set-aside or Appeal?
Islington LBC v Cecil and Grace Markland, Clerkenwell and Shoreditch County Court, 17/07/2010 The issue of whether a first hearing in a possession claim could be properly considered to be a trial came up in Forcelux Ltd v Binnie [2009] EWCA Civ 854 - our...
Kay v UK – A royale quarterpounder?
Introduction Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we've been arguing between ourselves as to how best to deal with it. Frankly, we can't agree on what the case actually means and what the...
“Responding to Human Rights Judgments”, or then again, not.
The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the...
Well, You Needn’t*
Poplar Housing and Regeneration Community Housing Association Limited (Poplar Harca) v Stephen Howe [2010] EWHC 1745 (QB) When we reported on Lana Wilson v London Borough of Harrow [2010] EWHC 1574 (QB) two weeks ago, we noted that another application for...
Delays, Public Law Defences and Suspended Orders
London Borough of Brent v Corcoran & Anor [2010] EWCA Civ 774 While we wait for the Supreme Court decision in Pinnock, which was heard last week, it seems that the Court of Appeal is determined to set practical limits on the operation of the public law...
Oh Brave New World
Eastland Homes Partnership Limited v Sandra Whyte 2010 EWHC 695 (QB) Following Weaver v L&Q and McIntyre v Gentoo, here is a clear indication of the brave new world of public law in which RSLs (sorry, PRHPs) find themselves. It is also an interesting and...
Continued incompatibility
Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing...
Lord Neuberger on housing law
The UKSC - an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court - has a interesting post on Lord Neuberger's keynote to the SHLA conference. I wonder how the SHLA...