Archive for 2008
Fowles v Heathrow Airport Ltd, CA, 16/10/2008
The Appellant tenant failed in an appeal of the exercise of a judge’s discretion under the Landlord and Tenant Act 1954 in dismissing the tenant’s application for a new tenancy, there was no flaw in the exercise of the judge’s discretion in circumstances where the tenant had continually flouted planning controls by operating various businesses on an area of land.
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Belated and in brief
Also with thanks to Legal Action for this one I had missed (my fault because it dates back to before my illustrious co-bloggers joined NL)…
Littlejohn v City of Westminster [2007] EWCA Civ 1562. Court of Appeal permission to appeal on vulnerability.
A person’s propensity to lose accommodation that they have managed to obtain does not render [...]
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Intentional homelessness and badly behaved children
This is somewhat belated – I’d missed these and the court of appeal isn’t on Bailii to link to – so thanks to Legal Action for the heads up.
White v Southwark LBC [2008] EWCA Civ 792 was an application for permission for a second appeal from a s.204 appeal. Ms White was excluded from her [...]
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Mortgages, sale of property and human rights
Horsham Properties Group Ltd v (1) Paul Clark (2) Carol Beech and GMAC RFC Ltd (Third Party) and The Secretary of State for Justice (Intervener) [2008] EWHC 2327 (Ch)
Now this is a complicated little case which, I suspect, will give rise to more questions (and litigation) than it answered.
Mortgages: a very short introduction
Prior to 1970, [...]
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Homeless eligibility issue off to the ECJ
Teixeira v London Borough of Lambeth [2008] EWCA Civ 1088 is a Court of Appeal hearing, referring questions about right of residence under Art 12 of Regulation (EEC) 1612/68 to the European Court. (This is very much a continuation of the issues in LB Harrow v Ibrahim [2008] EWCA Civ 386 – see this previous [...]
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Care home closures and right to life
Verna Wilson & Ors, R (on the application of) v Coventry City Council [2008] EWHC 2300 (Admin) was a judicial review of the decisions by Coventry and Havering councils to close care homes with elderly residents suffering from dementia or physical disability. The cases were joined and rolled up into a permission and substantive hearing. [...]
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Hutchison & Ors v B & DF Ltd [2008] EWHC 2286 (Ch) (03 October 2008)
Landlord and Tenant: A landlord had made oral agreements with a tenant for the grant of three year leases of industrial units. These agreements did not have to satisfy the requirements of the Law of Property (Miscellaneous Provisions) Act 1989 section 2, in that they did not have to be in writing. This was because they ripened into legal leases when possession was taken as the three year terms created legal leases pursuant to section 54(2) Law of Property Act 1925.
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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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