Articles tagged Nuisance
Trigger happy?
In Barber v Croydon LBC [2010] EWCA Civ 51, the Court of Appeal found Croydon’s decision to pursue possession proceedings of a non-secure tenancy occupied by Mr Barber Wednesbury unreasonable, being by my estimation the third such successful use of a gateway (b) defence in the higher courts (after Doherty itself and McGlynn). There are [...]
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Disrepair miscellany
The December Legal Action also has the annual housing repairs update. A big tip of the hat to Beatrice Prevatt.
We’ve covered most of the cases here, but there are some others that are well worth a mention…
Brunskill v Mulcahy [2009] EWCA Civ 686 (no link)
This was a claim under S.11 Landlord and Tenant Act 1985 [...]
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Activate the trommel!
Ethos Recycling Ltd v Barking & Dagenham Magistrates Court [2009] 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 [...]
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Webb v Wandsworth LBC – Take 2
We first noted Webb v LB Wandsworth [2008] EWCA Civ 1643 in November 2008 when it was discussed in an Arden Chambers eflash. Earlier this week, the transcript was finally released. Slightly later this week, it was corrected so as to make sense. Thus, 9 months after the decision, we can finally tell you what [...]
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Here be dragons
EPA 1990 prosecutions and the Magistrates Court. I am assured that stout housing lawyers quail at the prospect. And why? Well this High Court appeal by way of case stated, although not strictly housing related, serves as a illustration.
Wandsworth v Rashid [2009] EWHC 1844 (Admin) concerned bags of waste left on the street by a [...]
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What do you want me to do about it?
Noise abatement notices are governed by Part 3, Environmental Protection Act 1990 (as amended). They are not ‘pure’ housing law but they are frequently used in a housing context, particularly when dealing with noise-related complaints of anti-social behaviour.
In Elvington Park Ltd and another v City of York Council [2009] EWHC 1805 (Admin), Silber J considered [...]
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Bits from LAG and nuisance & Art 8
There are several cases in the latest LAG updates that we haven’t covered and that are interesting. Thanks as ever to Jan Luba QC and HHJ Nic Madge for the LAG reports. There are two brief notes on County Court cases and a more sizeable one on Dobson v Thames Water, a Court of Appeal [...]
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X v Hounslow
I have now got hold of the judgment in X v Hounslow [2008] All ER 337 (May) (thanks to assorted helpful sprites). [Edit 23/06/08 - now up on Bailii]. Previous posts on this one are here and here – this was the case that apparently instituted a potential duty of care for local authorities to [...]
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