Archive for February 2010
Unlawful Eviction, exemplary damages and why people don’t like estate agents
Islam v Yap and Others. Claim No: TLQ/09/1130. High Court, 20 November 2009.
This was a claim for unlawful eviction and a tale worthy of a play by Ben Jonson. There were no less than 5 defendants, and such superfluity necessitates an opening description of the nature and the character of the dramatis personae:
Mrs Islam – a [...]
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Case Comment: Norris v Government of United States of America [2010] UKSC 9
In the case of Norris v Government of the United States ([2010] UKSC 9) In the absence of any real guidance from Strasbourg the Supreme Court was called upon to determine the correct approach to Article 8 of the European Convention on Human Rights in …
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Right of residence and children in education
LB Harrow v Ibrahim C‑310/08 on reference from the Court of Appeal (LB Harrow v Ibrahim and another [2008] EWCA Civ 386. Our note here).
The question was whether:
(a) children of EU citizens who have installed themselves in a member state during the exercise by their parents of rights as residence as workers in that state [...]
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R on the application of Gaines-Cooper v The Commissioners for Her Majesty’s Revenue & Customs [2010] EWCA Civ 83
As the Blog reported at the time, on 16 February 2010, the Court of Appeal (Ward, Dyson and Moses LJJ) released its decision in the joined cases of R on the application of Davies (and another) v The Commissioners for Her Majesty’s Revenue & C…
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Tenancy Deposits on Sale and Rent Back on Appeal
The Court of Appeal has ruled on a Sale and Rent Back matter and on its connection to Tenancy Deposit Protection.
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OFT v Foxtons- The Final Order
The final sealed order in the OFT v Foxtons case has been made available on the OFT website. A copy can be found here. This order gives effect to the judgement of the High Court and is now the final word on the matter as Foxtons have withdrawn their …
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Foxtons case concluded – now is the time for agents to review their agency agreements
I have just learned that a final order has been made in the case of the Office of Fair Trading v. Foxtons, which I have written about in the past (see here).
Foxtons have now made ‘significant changes’ to its standard terms and conditions which have satisfied the OFT
‘including making the liability to pay renewal commission [...]
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‘Ard en fast rule*
James v Birmingham City Council [2010] EWHC 282 (Admin) is a further dispute about the power of the court to vary an ASBO.
A magistrates court may make and ASBO against any person over the age of 10 if it can be proved (to the criminal standard of proof, using the civil rules of evidence) that [...]
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Proprietary Estoppel: Detriment and Remedy in the Privy Council
In Henry and Mitchell v Henry [2010] UKPC 3, the Privy Council have given further consideration to the doctrine of proprietary estoppel. The judgment of the PC was delivered by Sir Jonathan Parker and it will be of particular interest as it demonstrates the continuing importance of the Court of Appeal’s excellent judgment in Gillett [...]
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Missing letters, Reviews and Determinations of Civil Rights
Tomlinson & Ors v Birmingham City Council [2010] UKSC 8
This is the Supreme Court judgment on the appeal from the Court of Appeal of what was then called Ali & Ibrahim v Birmingham City Council [2008] EWCA 1228 [our report here]. At issue was whether the Housing Act 1996 s.202 review and s.204 appeal [...]
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