The judicial review of regulations on funding judicial review
Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the...
View ArticleExpectations are not existing facts.
Enfield LBC v Najim (2015) CA (Civ Div) 04/03/2015 [Note on Lawtel and here. Not on Bailii yet] This was Enfield’s appeal from a s.204 appeal quashing Enfield’s decision and review decision that Ms N...
View ArticlePart 7 and capacity
R (MT) v Oxford CC, High Ct, (Lawtel note only as far as I can tell) is an interesting little case on capacity and homelessness Mr MT lacks capacity and is unable to manage his housing or financial...
View ArticleSelective Licensing Reforms
If the case-law is to be believed, local authorities have a hard enough time introducing selective licensing schemes as it is (see R (Peat) v Hyndburn and R (Regas) v Enfield)). Well, the government...
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Rising Damp
There is reason for Rigsby to look worried in Uddin & Anor v LB Islington (2015) CA Civ Div 10/03/2015 [Lawtel note only so far.] This was Islington’s appeal of a first instance decision awarding...
View ArticleRelief from sanctions for not turning up?
In Home Group v Matrejek [2015] EWHC 441 (QB), the High Court has applied Rule 3.9 of the Civil Procedure Rules and the guidance on applications for relief from sanctions in Denton v TH White Ltd...
View ArticleRegulations and damn regulations.
Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April...
View ArticleDisability discrimination goes to full trial
Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same ‘seriously...
View ArticleDiscretionary Housing Payments – the trouble with DLA.
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability...
View ArticleCare orders and accommodation pending appeal
Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme...
View ArticleOn the Road Again
With remarkable speed, the Supreme Court has handed down its judgement in Nzolameso v Westminster City Council , having announced immediately after the hearing on 17/3/2015 that the appeal would be...
View ArticleNo duty of care in allocation decisions
Darby (administratrix of the estate of Lee Rabbetts deceased) v Richmond Upon Thames LBC [2015] EWHC 909 (QB) [Not on Bailii, we’ve seen the judgment]. Can a council’s failure to carry out its...
View ArticleTenancy deposits – where we are now?
With the relevant parts of the Deregulation Act 2015 having come into force on 26 March 2015, time for a quick outline of what the changes mean for deposit protection and section 21 notices. Deposit...
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Mystery Pre Action Protocols
There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The...
View ArticleWell I wouldn’t start from here*
Davis Solicitors LLP v Raja & Anor [2015] EWHC 519 (QB) A cautionary tale on how, when things go badly wrong, it is, by and large, better not to take active steps to make them worse. Davis...
View ArticleDeposits, penalties and discretions
Okadigbo & Anor v Chan & Anor [2014] EWHC 4729 (QB) When awarding a penalty for breach of the Section 213 Housing Act 204 requirements for tenancy deposits, the court has a discretion over the...
View ArticleProtocol Problems
Now that the new pre-action protocols are sort of available, and have been in force since 6 April 2015 even when they were not available, people are having a look at them. And coming up with some...
View ArticleRents and Equality. Barnet, again.
It appears that Barnet Council (via the Mayor’s casting vote) are determined to carry on with their plan to raise rents for council tenants, new and existing, to 80% of market rent or top of LHA...
View ArticleFrom ‘pillar to post’
In a judgment of undisguised anger, Cobb J described the conduct of LB Tower Hamlets and LB Havering as “shameful” in the way in which they treated AM and his family. I haven’t come across Cobb J...
View ArticleECtHR and Social Housing-Two Recent Judgements
Happi v France 9/4/15 (judgement in French only) Mr H lives with his family in unsatisfactory and hazardous accommodation in Paris. On 28/12/10, Paris’ Administrative Court ordered the Ile-de-France...
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