Archive for November 2009
Ethos Recycling Ltd v Barking & Dagenham Magistrates Court  EWHC 2885 (Admin)
This was an application for judicial review by Ethos Recycling of a District Judge’s decision in the Barking and Dagenham Magistrates’ Court given at Havering Magistrates Court, dismissing Ethos Recycling’s appeal against an abatement order served by LB Barking and Dagenham.
Ethos ran a [...]
We previously wrote up Mich-Onyibe v Wandsworth LBC  EWCA Civ 1649 as “a curious footnote” to homelessness jurisprudence, basing our note on an Arden Chambers e-flash. Thanks to the Chief we now have the benefit of the transcript. The facts were as stated in our previous note. Broadly, the problem was that the Recorder [...]
If you rent out furnished holiday accommodation, you should buy this book. At present there are tax advantages in renting out furnished accommodation, but on 10 April, this will all change. Carl Bayley has written this book to explain the changes that will take place, and give guidance on what should be done in the [...]
M v Burnley, Pendle & Rossendale Magistrates’ Court  EWHC 2874 (Admin) (on Lawtel only)
The claimant were two brothers, aged 13 and 14. They were subject to ASBOs which prohibited them from engaging in certain anti-social behaviour in the borough of Pendle. With seven months of the ASBO still to run the family moved to [...]
This is another of the (irregular) updates on matters relating to leasehold property, leasehold valuation tribunals and the like. First up, those practicing in this field should note the the Right to Manage Companies (Model Articles) (England) Regulations 2009 SI 2009/2767 and the guidance issued by the DCLG on the Regulations. The Commonhold and Leasehold [...]
Abbey National v Miller  EWCA Civ 1520;  EWCA Civ 138
Miller-Foulds v Secretary of State for Constitutional Affairs  EWHC 3443 (Ch);  EWCA Civ 1132
You’d be forgiven for not having noticed any of this (long running) litigation over the last 3 years (if only because you need both Casetrack and Lawtel in order [...]
Southern Pacific Personal Loans Ltd v Walker  EWCA Civ 1176
We noted this case when it was but a county court decision. The Court of Appeal decision is now available and the decision of the county court has been overturned. This looks like it’ll have put an end to what was becoming a fairly common [...]
Belmain Finance Limited v Peter James Bentley High Court (Chancery Division) Cardiff.
In a widely reported settlement (see here, here and here for example) this case has come to an end. Belmain Finance had lent £40,000 to Mr Bentley, secured against his home. Mr Bentley, due to having to care for his father and then the [...]
Southern Pacific Mortgage Ltd v Heath  EWCA Civ 1135
It has taken me a day or three to get to this one. Nobody else was up for doing it and frankly the detail of the Consumer Credit Act 1974, allegedly intended to make agreements clear for consumers, makes my head hurt.
In 2002, Ms Heath [...]
A review of the Essential Guide to Flatsharing – from the owners of the SpareRoom.co.uk web-site