Archive for March 2010
Case comment: Martin v HM Advocate; Miller v HM Advocate [2010] UKSC 10: Part 2: Aristotle and Plato in the Supreme Court
What has caused the clear split in approach and unprecedented change in the tone of dissent which is seen in the decision in HM Advocate v. Martin and Miller ([2010] UKSC 10)? Clearly all the judges involved are conscientiously attempting to achieve th…
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Housing law reform and legal aid
There have been a lot of announcements recently from the government about housing law reform, and what they intend to do in the private rented sector. Whether any of these proposals will actually come to pass is not certain. However I (along with many others) am concerned about the approach taken by this government, both [...]
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Case comment: Martin v HM Advocate; Miller v HM Advocate [2010] UKSC 10: Part 1
The decision of the UK Supreme Court in HM Advocate v. Martin and Miller [2010] UKSC 10 is the first case – in the ten years of the devolution settlement to date – in which the top court in the UK has had to determine the validity of Sco…
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Repairs, tenants rights by Jan Luba, Deidre Forster & Beatrice Prevatt
I am really pleased to be able to do a review of this well known and respected legal text book on disrepair and tenants rights. It has been a long time coming as the last edition was 1999! As the introduction acknowledges, the world of housing disrepair was a very different place then.
In fact the [...]
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Don’t forget to file and serve…
Cadogan v Chehab [2009] EWHC 3297 (Admin), (only available on Casetrack) is noted in the current edition of Legal Action, but, so far as I can tell, hasn’t been picked up anywhere else. It’s only worthy of a short note though, which is set out below.
Chehab was the assured tenant of a flat owned by [...]
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Repeat Players
[with apologies to the most cited, and brilliant, socio-legal article: Marc Galanter, "Why the 'haves' come out ahead: Speculations on the limits of legal change"]
Mr Justice Beatson dismissed a renewed application for judicial review in R(Husband) v Solihull MBC [2009] EWHC 3673 (Admin). The claim was pursued on Mr Husband’s behalf by Stephen Cottle, who [...]
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