Archive for February 2009

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The Gas Man Cometh

11 Feb 2009 By Francis Davey Housing Law

The case of Ferguson v British Gas [2009] EWCA Civ 46 concerns a complaint that British Gas harassed a former customer for some 6 months after she had transferred her gas supply to nPower. Although it is not a housing case, the report contains some useful discussion of the nature of harassment by a large corporate body [...]

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Mersey Paradise?

10 Feb 2009 By J@nearlylegal Housing Law

The Court of Appeal has – today – given judgment in R (Liverpool CC) v London Borough of Hillingdon and Ayan Khan (interested party) [2009] EWCA Civ 1702, a case concerning two local authorities who were in dispute over which one of them should be providing services to Ayan Khan (”AK”). It is probably more [...]

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Evictions and Proportionality

9 Feb 2009 By Chief Housing Law

We’re a bit late with this one, and it is arguably quite a biggie (hat tip to Niki Goss who first pointed it out, to me at least, in the comments here).
Anyway, Cosic v Croatia is a decision of the European Court of Human Rights that should be of interest as both Connors and McCann [...]

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Bankruptcy and disrepair

9 Feb 2009 By Nearly Legal Housing Law

In the end, I couldn’t resist writing this one up from the report in January 09’s LAG updates. It is a very late report and only a County Court decision, but is a) just too topical for these insolvent times and b) vaguely technically interesting.
Lambeth LBC v Grazette (Lambeth County Court 7 November 2008) was [...]

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We’re not in Sparta any more.

4 Feb 2009 By Nearly Legal Housing Law

The House of Lords Opinions in Holmes-Moorhouse v LB Richmond upon Thames [2009] UKHL 7 were handed down today. This concerned whether a shared residence order under s.8 Children Act 1989 meant that a child was ‘reasonably expected’ to be resident with both parents following a divorce, for the purposes of  s.189(1)(b) Housing Act 1996, [...]

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Applying under Part VII via Part VI

2 Feb 2009 By Nearly Legal Housing Law

This is another decision of the Welsh Ombudsman, again concerning Conwy Council. Case 200702044 – Conwy County Borough Council. I don’t propose to go into detail on the specifics of this matter – which principally concerned delay and muddle in dealing with an imminent homeless situation, mostly due to having to pass through Housing Options [...]

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‘We rule the estate’

2 Feb 2009 By Nearly Legal Housing Law

A local authority’s failure to effectively implement the range of sanctions for Anti Social Behaviour is the subject of a report by the Public Service Ombudsman of Wales, Case 200702044 – Conwy County Borough Council.
The whole report (there is a link on that page) is worth reading, highlighting lack of awareness, systems, procedures and apparently [...]

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