Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

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Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

Unlawful eviction – section 27 residence and section 28 damages – Nearly Legal

Posted July 24th, 2023 in county courts, damages, estoppel, housing, news by tracey

‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential status of the claimant where she was, admittedly, absent from the property. There was also a claim in proprietary estoppel.’

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Nearly Legal, 23rd July 2023

Source: nearlylegal.co.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

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Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk

Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal

Posted July 11th, 2023 in costs, county courts, leases, news, service charges, solicitors, tribunals by sally

‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’

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Nearly Legal, 10th July 2023

Source: nearlylegal.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Time from issue to trial in county court hits record high of 80 weeks – Legal Futures

‘The number of claims lodged at the county court has returned to near pre-Covid levels but the time between issue and trial has reached a new all-time high, according to the latest government figures.’

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Legal Futures, 2nd June 2023

Source: www.legalfutures.co.uk

UK passengers owed millions by airlines in unpaid refunds and expenses – The Guardian

‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’

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The Guardian, 17th March 2023

Source: www.theguardian.com

Wait time for county court trials reaches new all-time high – Legal Futures

Posted December 6th, 2022 in coronavirus, county courts, delay, news, reports, statistics by sally

‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’

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Legal Futures, 6th December 2022

Source: www.legalfutures.co.uk

Almost 75,000 defendants awaiting crown court trial, says head of CPS – The Guardian

‘The head of the Crown Prosecution Service has warned that cutting its budget would have a “catastrophic” impact on the backlog in the crown courts, as he revealed that almost 75,000 defendants were awaiting trial at the end of last month.’

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The Guardian, 1st November 2022

Source: www.theguardian.com

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Time taken to get civil cases to trial reaches all-time high – Legal Futures

‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’

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Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

Judge calls for guidance on rights of unqualified agency advocates – Legal Futures

Posted June 10th, 2022 in advocacy, barristers, county courts, law firms, news, solicitors by sally

‘County court judges would benefit from “more authoritative guidance” from the higher courts on whether unqualified solicitor’s agents have rights of audience, a circuit judge has said.’

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Legal Futures, 10th June 2022

Source: www.legalfutures.co.uk

Paper-only small claims pilot “likely to do injustice” to litigants – Legal Futures

Posted May 24th, 2022 in county courts, litigants in person, news, pilot schemes, small claims by sally

‘A pilot scheme that will see small claims cases determined on the paper in six county courts from next month is “likely to do injustice” to litigants, an academic has argued.’

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Legal Futures, 24th May 2022

Source: www.legalfutures.co.uk

MoJ denies new pilot scheme removes right to a trial – Law Society’s Gazette

Posted May 16th, 2022 in county courts, Ministry of Justice, news, pilot schemes, small claims, trials by tracey

‘The Ministry of Justice has denied it is removing litigants’ right to a trial – despite testing a new scheme where judges can resolve cases before a hearing without the consent of both parties.’

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Law Society's Gazette, 13th May 2022

Source: www.lawgazette.co.uk

People left out of pocket by traders say UK county court system ‘unfit for purpose’ – The Guardian

Posted May 3rd, 2022 in county courts, debts, enforcement, judgments, news, small claims by sally

‘Customers say judgments against firms lead nowhere and compound their misery.’

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The Guardian, 2nd May 2022

Source: www.theguardian.com

Leasehold assortment – Nearly Legal

‘Some quick notes on leasehold related cases.’

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Nearly Legal, 12th December 2021

Source: nearlylegal.co.uk

A tale of two judges – Law Society’s Gazette

Posted October 11th, 2021 in coronavirus, county courts, judges, landlord & tenant, leases, news, rent by sally

‘Solicitors often warn clients that the views of the judge can make a difference to the outcome of their case, especially at first instance. Two county court judgments on the issue of whether a commercial lease renewed under the Landlord and Tenant Act 1954 should contain a ‘Covid clause’ are the perfect illustration of this.’

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Law Society's Gazette, 11th October 2021

Source: www.lawgazette.co.uk

County court order against Boris Johnson struck out – BBC News

‘Boris Johnson no longer has a county court judgement against him after his lawyers sought to strike out a claim for a £535 debt for alleged defamation.’

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BBC News, 13th May 2021

Source: www.bbc.co.uk