Archive for December 2009
Secretary of State for Environment, Food, and Rural Affairs v Meier & Ors [2009] UKSC 11 (01 December 2009)
The Appellant Travellers were in part successful in their appeal to the extent that the Court did not have the power to make a possession order in respect of a separate piece of land owned by the Respondent but not occupied by the Appellant Travellers. The decision in the case of Drury v Secretary of State for the Environment, Food and Rural Affairs (2004) EWCA Civ 200 (2004) 1 WLR 1906 allowing such an order was incorrect.
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Davill v Pull & Anor [2009] EWCA Civ 1309 (10 December 2009)
The Appellant landowner was successful in appealing against the decision of a judge that the landowner’s asserted right to use a servient track to access his dominant land was limited to all reasonable and usual purposes relating to the use of the land as “garden ground”. On the proper construction of the relevant conveyances the track could lawfully be used for the purposes of building houses on the dominant land and their occupation when built.
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Foxtons to Appeal in OFT case
Well, as we suggested might happen here, Foxtons is going to appeal the decision of the High Court in the light of the Supreme Court ruling in the Bank Charges case. The Times has reported this (slightly badly) here.
However, it is questionable whethe…
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The HRA and precedent
We’ve been a bit slow on this one, but R v Horncastle [2009] UKSC 14 offers further light on the quarter pounder v royale with cheese debate, which has occupied much of our time this year. J noted that R v Purdy suggested that the UKSC would offer some assistance where a recent judgment [...]
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Building Regulation Consultation
The Department of Communities and Local Government has today (just in time for Christmas!) published a new consultation regarding the authorisation of self-certification schemes under the Building Regulations. Essentially as the Regulations have becom…
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Can agents ever sign possession claims?
We all know, or those of us who do possession proceedings know, that only the landlord (the claimant) or his solicitor can sign the court paperwork for issuing a county court claim for possession. Claim forms being signed by letting agents is one of the top reasons why cases get chucked out by the court.
This [...]
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Care homes, consultation and the DDA
Boyejo & Ors, R (on the application of) v Barnet London Borough Council [2009] EWHC 3261 (Admin)
This was the conjoined hearing of an application for Judicial Review of both Barnet and Portsmouth Councils, both JRs bought by Yvonne Hossack and here represented by Stephen Knafler. It makes a distinct contrast and counterpoint to R (Garbet) [...]
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Case Comment: R (E) v Governing Body of JFS & Ors [2009] UKSC 15
On 16 December judgment was handed down in the widely reported JFS case. The appeal itself was heard by the Supreme Court sitting as a nine judge court, reflecting the importance of the issues raised by the appeal. The judgments are ordered not by the …
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How late did you leave it?
Not a post about Christmas shopping, (which is all done, thanks to Amazon) but about delays in lodging appeals against ASBOs and the case of R (Birmingham CC) v Birmingham Crown Court; R (South Gloucestershire DC) v Bristol Crown Court [2009] EWHC 3329 (Admin).
When a Magistrates’ court makes a stand alone ASBO (s.1(1), Crime and [...]
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Family allocations
Now, personally, I intend to chuck my kids out as soon as possible and return to “normal”. But, for Mrs Ariemuguvbe, this was not possible because her children were subject to immigration status and had no recourse to public funds (no doubt, they didn’t want to leave either). The issue for the Court of Appeal [...]
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