Archive for January 2007
Human Rights and possession claims after Kay v Lambeth
The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189.
Qazi effectively ruled out a human rights defence to possession based upon Article [...]
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Legal & General Assurance Society Ltd v Expeditors International (UK) Ltd [2007] EWCA Civ 7 (24 January 2007)
Two commercial leases were terminated by the tenant serving break notices. The tenant reached settlement with the landlord on a dilapidations claim and the landlord in reaching this settlement waived any further compliance by the tenant of the furtrher conditions of the break notice.
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Charity of Sir John Morden (Trustees of) v Mayrick [2007] EWCA Civ 4 (12 January 2007)
The Appellant could not argue that at the date of a compromise agreement he had title to land by way of adverse possession as he had not made such an assertion at the time of the agreement.
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Landlord success in disability discrimination case
There is an interesting report in the Times on a case, Williams v Richmond Court (Swansea) Ltd (heard on 14 December 2006), on disability discrimination. The landlord was appealing against the Judge’s finding against him at first instance that he discriminated against 81 year old tenant Mrs Williams who had requested he install a [...]
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