Archive for September 2008
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 start, [...]
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Harvey v Bamforth – now with the benefit of a transcript
Harvey v Bamforth 8PA13344, HHJ Bullimore, Sheffield County Court, 8 Aug 2008
When we first commented on this case (here) we provoked quite a response. Thanks to to Mr Jones of Bury Walkers (who acted for Ms Harvey) we have now been provied with a transcript of the judgment. So – here is what it says.
Mr [...]
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Alternative sites – the burden of proof
South Cambridgeshire District Council v Secretary of State for Communities and Local Government & Ors [2008] EWCA Civ 1010 was an appeal of a High Court decision on Judicial Review of the decision of an Inspector in the appeal of a planning decision not to allow residential caravan siting for a family on a property [...]
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CBL Guidance – More Thoughts …
Well, Nearly Legal asks and the CLG deliver. We posted a note on 12 August, when not much was happening, asking why the new CBL guidance hadn’t seen the light of day (with some scurrilous thoughts), and a couple of weeks later it was published (link here) with no need for transparent envelopes. [...]
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The Sheffield Case
The Residential Landlords Association is pretty pleased with itself, as it has successfully challenged a claim by a tenant, supported by the CAB, against a landlord who was in breach of the tenancy deposit regulations. This case is Harvey v. Bamforth, known often as the Sheffield case.
As regular readers of this and other housing [...]
Related posts:
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S.190 homeless duties and JR costs
I’d managed to miss this one somehow, so thanks to the Garden Court bulletin of August for mentioning it.
R (Dumbaya) v Lewisham LBC [2008] EWHC 1852 (Admin) was the end point of a rather messy sounding set of proceedings. The Claimant had been accommodated under s.193 HA 1996, owed the main housing duty. She was [...]
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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 years [...]
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Hey! That’s my window.
Sheffield City Council v Hazel St Clare Oliver LRX/146/2007 [links to PDF]
This is a case which touches on an issue familiar to those involved with right to buy leases: replacement of windows by the landlord.
The landlord council wished to replace metal framed windows with new uPVC in the leaseholder’s block. The terms of the demise [...]
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