Archive for May 2012
Letting agent and Council officer fined for Data Protection offences
This Magistrates Court prosecution is believed to be the first Data Protection prosecution of a letting agent
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Case Comment: Lukaszewski v The District Court in Torun, Poland & other cases [2012] UKSC 20
By Anita Davies
As the furore surrounding the deportation of Abu Qatada demonstrated, you meddle with time limits at your peril.…
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The Unbeatable Litigant in Person*
Birmingham City Council v Richard Lloyd (2012) CA Civ 23 May 2012
(On Lawtel but not on BAILLI)
A short note on this hearing as it is a situation which is likely to become far more common.
Birmingham Claimant had lost a claim for possession against L. They appealed. At the hearing of their appeal L attended without representation. He asked that the appeal be adjourned as his Public Funding had been withdrawn on the grounds that he had means. He was asking the LSC to reconsider that decision and they had asserted to him in a telephone call that they would reconsider their decision. The Council disputed the adjournment … Read the full post
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Article 14, Disability, HB and Bright-Line Rules
In Burnip v Birmingham CC, Trengove v Walsall MBC, and Gorry v Wiltshire C [2012] EWCA Civ 629, the Court of Appeal considered whether the application of the bedroom rule in the housing benefit regulations as regards private rented accommodation discriminated against those who needed an extra bedroom for a carer or because their children could not share a room as a result of disability (see here for our discussion of the Upper Tribunal decisions). The Court held that it did so discriminate and they were spot-on (in my view at any rate) in extremely careful, sensitive judgments notable for their dismissal of discretionary housing benefit payments as a justification … Read the full post
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Financial awards for rat and mouse infestation
I was flicking through the January edition of Legal Action Magazine today (yes I know, I am a bit late getting around to it) when my eye was caught by a couple of cases in the disrepair section featuring rodent related awards. We often get tenants complaining to the Blog Clinic about rats and mice…
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Carpets, covenants and ‘the well-being of lawyers’
I suspect that many lawyers heave a heavy sigh at neighbour disputes. They seem to be fought with an intensity…
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Part VII and Procedure
Two very recent Court of Appeal judgements have looked at the extent of a Local Authority’s obligations under Reg 6(2)…
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Attention all Landlords!
We draw your attention to this recent decision of the Upper Tribunal which has caused a stir amongst leasehold lawyers in relation to service charges.
Section 47 of the Landlord and Tenant Act 1987 (LTA1987) provides that where any written demand is g…
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But that isn’t what it says…
[Edited 16/05/2012 to correct the s.47(2) point]Beitov Properties Ltd v Elliston Martin [2012] UKUT 133 (LC) is, I suspect, going…
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Case Comment: Homer v Chief Constable of West Yorkshire Police [2012] UKSC 15 & Seldon v Clarkson Wright and Jakes [2012] UKSC 16.
This post was originally posted on the EUtopia Blog and is reposted here with thanks.
On 25 April 2012 the Supreme…
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