Archive for November 2009
Case comment: BA (Nigeria) v Secretary of State for the Home Department [2009] UKSC 7
This decision will undoubtedly be welcomed by individuals in immigration and asylum cases. It drives a coach and horses through the current “fresh claim” regime which until this decision required the applicant to meet an additional hurdle before …
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Each had a wooden horse
R (A) v Croydon & R (M) v Lambeth UKSC [2009] 8
This was an appeal heard by the House of Lords over the course of four days in July, but with judgment delivered by the new Supreme Court. We reported the Court of Appeal’s judgment here. At issue was to what extent the courts could review [...]
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An Englishman’s room is his castle
Thomas v Director of Public Prosecutions QBD October 23, 2009 (apparently only reported in the Times, although I swear I saw it somewhere else too).
This was an appeal by way of case stated against conviction for obstructing a police officer. Mr Thomas lost his appeal, but along the way, the High Court reached some conclusions [...]
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Book Review – Enforcement of a Judgement, by Claire Sandbrook
I have always been a great admirer of Claire Sandbrook, and the way she has developed and built up Shergroup, her enforcement business (not a traditionally female friendly area of practice). As you would expect her book, now in its 10th edition, is authoratative and thorough.
Published by Thomson/Sweet & Maxwell, this is a [...]
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Case Comment: R (on the application of A) (FC) v London Borough of Croydon and R (on the application of M) (FC) v London Borough of Lambeth [updated]
The Supreme Court has now handed down judgment in joined cases R (on the application of A) (FC) (Appellant) v London Borough of Croydon (Respondents) and R (on the application of M) (FC) (Appellant) v London Borough of Lambeth (Respondents) [2009] UKSC…
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Case Comment: OFT v Abbey National plc & others; [2009] UKSC 6
In its highest profile judgment so far, the Supreme Court has reversed the decisions of the High Court and the Court of Appeal by ruling that the OFT is not entitled to assess the fairness of bank charges under the Unfair Terms in Consumer Contracts Re…
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Succession – the afterlife of the tolerated trespasser
R (Neville) v London Borough of Wandsworth [2009] EWHC 2405 (Admin) [not on Bailii yet]
This was a renewed application for permission for a Judicial Review of Wandsworth’s refusal of a discretionary succession.
Mr Neville had been living with his mother. Mrs Neville had a secure tenancy from Wandsworth from 1999. In April 2004, a suspended [...]
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Tenancy Deposit – Tiensia revisited
We reported the County Court hearing of Universal Estates v Tiensia in this post. Since then we have heard of developments in this case, with a tantalising hint of a higher court judgment in the offing.
Tiensia at County Court first instance found that late compliance in protecting the deposit and sending the required information was [...]
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Tenant 1 – 0 Receiver
B v N and others [2009] EWHC 2884 (Admin)
The Criminal Justice Act 1988 makes provision for the confiscation of the proceeds of an offence. In the case of realisable property (such as a residential home), s.80(2) permits the appointment of a receiver, who, in turn, is empowered to recover possession of the property. By s.80(4)
The [...]
Google Law – the beginnings
It was only a matter of time before Google turned its attention to the law. So we now have Legal…
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