Articles tagged Costs

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Costs on conceded appeals

9 Jul 2009 By Nearly Legal Housing Law

We had noted City of Westminster v Man [2009] EWCA Civ 236 when it was a permission to appeal hearing. Just a bit late, we have found the outcome. The issue was whether an interim costs order, on an application I think, was payable where proceedings as a whole had been stayed under [...]

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Intermittently exposed

4 Jun 2009 By Nearly Legal Housing Law

Now, this is a bit of an oddity. Mohammadi v Shellpoint Trustees Ltd & Anor [2009] EWHC 1098 (Ch) was an appeal from the Supreme Court Costs Office. It concerned when a person should have the protection from liability for costs under s.17 Legal Aid Act 1988.
Mrs Mohammadi was a leaseholder who had pursued a [...]

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Judicial Review costs

25 Mar 2009 By Nearly Legal Housing Law

Mendes & Anor v Southwark LBC (2009) CA (Civ Div) 24/03/09 [not on Bailii], is a useful case for those representing JR claimants. The report is on Lawtel.
Southwark had made an erroneous decision on Mr Mendes’ eligibility for housing assistance under Part VII. Mr Mendes applied for permission for judicial review. Before the matter went [...]

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Costs in possession proceedings

4 Mar 2009 By Francis Davey Housing Law

In possession proceedings, where one of the grounds of possession is arrears of rent – as it is in the…

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S.190 homeless duties and JR costs

3 Sep 2008 By Nearly Legal Housing Law

I’d managed to miss this one somehow, so thanks to the Garden Court bulletin of August for mentioning it.
R (Dumbaya) v Lewisham LBC [2008] EWHC 1852 (Admin) was the end point of a rather messy sounding set of proceedings. The Claimant had been accommodated under s.193 HA 1996, owed the main housing duty. She was [...]

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Disrepair protocol costs

31 Jul 2008 By Nearly Legal Housing Law

Birmingham City Council v Lee [2008] EWCA Civ 891 concerns claimant’s costs incurred while following the disrepair pre-action protocol.
It is not uncommon for a landlord to do repairs after an early notification letter, or letter of claim, but pre issue (not that common, but not uncommon). This leaves the claim as for damages only. Where [...]

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