For Whom the Bell Tolls

This is a brief note on an important Court of Appeal judgement. Mitchell v News Group Newspapers Ltd is actually a defamation case but it is an essential point of reference for anybody involved in civil litigation. The case concerns the scope of the new CPR 3.9(1), which concerns applications for relief from court sanctions, […]

A Shakespearean review

I wonder if I could beg your indulgence while I ride a small hobby-horse of my own. As well as being a (sadly occasional) blogger here at NL, I have other hats. One of those hats is as a champion of open data and in that capacity I sit on a body known as the […]

Time isn’t on your side

as the Rolling Stones didn’t quite say. In Re 28 Pallant House [2013] UKUT 327 (LC), the Upper Tribunal was faced with an application for permission to appeal out of time. The appellant was the long leaseholder of a flat; LB Southwark was her landlord. There had been an LVT hearing concerning disputed service charges […]

Job Ad

Tower Hamlets Law Centre is seeking a skilled housing specialist to join its busy housing team at its offices in Whitechapel. The successful applicant will need to have proven skills as a housing practitioner, effective communication skills and experience of working with clients in a Legal Aid environment, delivering housing law services to people in […]

Water, water everywhere…

There are those who say that service charges are a dry subject. To them I say, welcome to Wallace-Jarvis v (1) Optima (Cambridge) Ltd (2) Khazai [2013] UKUT 328 (LC). The leaseholders at a development were concerned that their service charges were too high and, in particular, their communal water costs. They couldn’t really put […]

No-one to talk to

BDW Trading Ltd v South Anglia Housing Ltd [2013] EWHC B10 (Ch) is important and deserves much wider coverage than it has otherwise got. Before turning to the facts, lets just remind ourselves of the provisons of ss 20, 20ZA, Landlord and Tenant Act 1985. In essence, if a landlord wants to enter a qualifying […]

JR and Costs

A quick note on a recent judgement of the Court of Appeal on an application for costs following a settled judicial review: Emezie v SSHD.  The Appeal was brought by Ms Emezie against Mostyn J’s dismissal of her application in the High Court, which followed the disposal of her judicial review claim by way of […]

There’s no place like home

Reading BC v Holt is an important case on the approach to be taken by the courts when making possession orders under Ground 16 (and since 1/4/12, 15A) of the Housing Act 1985. Mrs Holt has occupied 28 Southdown Rd, Emmer Green, Reading since her birth in 1953 and she became the successor tenant following the […]

Leasehold round up

We do try here to keep on top of the work of the UT(LC) and so I bring you the following for your delight and enjoyment. First up comes Triplerose Ltd v (1) Grantglen Ltd (2) Cane Developments Ltd [2012] UKUT 204 (LC), a case all about s.47, Landlord and Tenant Act 1987. You’ll remember […]

Priority need

Hotak v Southwark LBC [2013] EWCA Civ 515 concerned a short point on whether an authority was entitled to have regard to the assistance that a homeless person would receive, in the event he became homeless, when determining whether he was vulnerable or not. The facts of the case were this: Mr Hotak had come […]