Archive for November 2008

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A Curious Footnote

13 Nov 2008 By Dave@nearlylegal Housing Law

Mich-Onyibe v Wandsworth LBC (04/11/08, CA, judgment currently unavailable otherwise than by way of e-flash from Arden Chambers) is a kind of a curious footnote to homelessness law. Wandsworth accepted that they owed the full Part VII housing duty to Ms Mich-Onyibe. they offered her a bedsit on the first floor. She refused it. She [...]

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Midill (97PL) Ltd. v Park Lane Estates Ltd & Anor [2008] EWCA Civ 1227 (11 November 2008)

11 Nov 2008 By CaseCheck Property Law

The Appellant company unsuccessfully appealed against a decision not to exercise the discretion under the Law of Property Act 1925 to order repayment of a deposit. The CA held that there needed to be something special or exceptional to justify overriding the ordinary contractual expectations of the parties.

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Homelessness fact finding and Article 6

7 Nov 2008 By Chief Housing Law

What more could you wish for on a Friday afternoon that a bit of homelessness law in the Court of Appeal? Don’t answer that. Anyway, on to Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228.
Two joined appeals, one on behalf of Ms Ali and one on behalf of Ms Ibrahim, came before the [...]

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Rough Sleepers, Rough Justice

4 Nov 2008 By Chief Housing Law

R (RJM) (FC) v Secretary of State for Work and Pensions [2008] UKHL 63
This House of Lords judgment is now just under two weeks old, but I think it is still worthy of comment here. It is a discrimination case dealing with benefits and rough sleepers, but has some important implications in much broader areas, [...]

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