When is suitable? – Nearly Legal

Posted November 25th, 2020 in appeals, housing, local government, news, statutory duty, statutory interpretation by sally

‘When assessing the suitability of a (refused) offer of accommodation made under s.193 Housing Act 1996 duty, what is the relevant date, or dates? That was the issue for the Court of Appeal in this second appeal by Bromley from a s.204 appeal which had quashed Bromley’s decision that the accommodation offered was suitable.’

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Nearly Legal, 23rd November 2020

Source: nearlylegal.co.uk

Land-use Conflict – Supreme Court Rules on the Discharge of Restrictive Covenants: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – 39 Essex Chambers

‘The appeal in Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 was the first time that either the Supreme Court or the House of Lords had considered the Upper Tribunal’s power to discharge or modify restrictive covenants affecting land under section 84 of the Law of Property Act 1925. The case confirms important principles affecting the interplay between private law property rights, planning and land use. Lord Burrows, giving the only substantive judgment of the Supreme Court, agreed with the Court of Appeal that the Upper Tribunal’s decision was wrong, but disagreed in a number of important respects with the speech of Sales LJ (as he then was) in the Court of Appeal ([2018] EWCA Civ 2679). For a number of reasons, it is likely that we shall be reading and re-reading this Supreme Court decision for many years to come.’

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39 Essex Chambers, 9th November 2020

Source: www.39essex.com

Judicial review challenge to end after Government uses emergency procedure to formalise requirement for bailiffs not to enforce warrants and writs – Local Government Lawyer

‘The Government has issued a statutory instrument under emergency procedures to prevent, except in specified circumstances, bailiffs and High Court Enforcement Officers (HCEOs) attending at a dwelling house to execute a writ or warrant of possession, execute a writ or warrant of restitution or deliver a notice of eviction.’

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Local Government Lawyer, 17th November 2020

Source: www.localgovernmentlawyer.co.uk

Construction companies lose Court of Appeal challenge over expert determination – Local Government Lawyer

Posted November 17th, 2020 in construction industry, contracts, estoppel, housing, news, planning by sally

‘A consortium of construction companies has failed in an appeal over a High Court judge’s dismissal of its claim for a declaration that the decision of an independent expert in relation to a revised section 106 agreement was not conclusive and binding on the parties.’

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Local Government Lawyer, 16th November 2020

Source: www.localgovernmentlawyer.co.uk

Positive action and proportionality: Supreme Court guidance in Agudas Israel Housing Association – Cloisters

‘In R (on the application of Z and another) (AP) (Appellants) v Hackney London Borough Council and another (Respondents) UKSC 2019/0162, the Supreme Court held that it was lawful for a housing association to provide social housing only to Orthodox Jews, in its first ever ruling on positive action. In this blog, Charlotte Goodman, an equality law barrister at Cloisters, considers the importance of the judgment.’

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Cloisters, 6th November 2020

Source: www.cloisters.com

Of late reviews and multiple appeals – Nearly Legal

Posted November 16th, 2020 in appeals, homelessness, housing, news, time limits by sally

‘A second appeal on the vexed issue of s.204 appeals of late or “out of time” s.202 reviews. We’ve seen this issue come up earlier this year (and indeed before) but now the Court of Appeal has had a go at it.’

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Nearly Legal, 15th November 2020

Source: nearlylegal.co.uk

Post-Grenfell social housing reforms in England to be unveiled – The Guardian

‘Millions of tenants could be offered greater protection from wrongdoing by landlords in long-awaited social housing reforms to be announced this week, more than three years after the Grenfell Tower disaster.’

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The Guardian, 16th November 2020

Source: www.theguardian.com

Home Office ‘failed to discuss restart of asylum evictions with local authorities’ – The Guardian

‘The Home Office did not discuss the decision to restart asylum evictions with local authorities, it has been revealed, despite concerns about the immediate impact on homelessness and heightened risks of coronavirus transmission.’

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The Guardian, 14th November 2020

Source: www.theguardian.com

Court quashes decision to accommodate disabled man 130 miles away from his support network – LB Waltham Forest v Saleh remains good law – Garden Court Chambers

Posted November 12th, 2020 in disabled persons, housing, local government, news by sally

‘HHJ Saunders at Central London County Court found the decision of LB Waltham Forest unlawful on a number of grounds.’

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Garden Court Chambers, 5th November 2020

Source: www.gardencourtchambers.co.uk

Restrictive Covenants: Ignore at your Peril – St Ives Chambers

Posted November 10th, 2020 in housing, news, public interest, restrictive covenants, Supreme Court by sally

‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’

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St Ives Chambers, 8th November 2020

Source: www.stiveschambers.co.uk

Claim for special accommodation – Law Society’s Gazette

Posted November 10th, 2020 in accidents, damages, disabled persons, housing, news, personal injuries, road traffic by sally

‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’

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Law Society's Gazette, 9th November 2020

Source: www.lawgazette.co.uk

New Judgment: Alexander Devine Children’s Cancer Trust v Housing Solutions Ltd [2020] UKSC 45 – UKSC Blog

Posted November 10th, 2020 in housing, news, public interest, restrictive covenants, Supreme Court by sally

‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925 (the “1925 Act”).’

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UKSC Blog, 6th November 2020

Source: ukscblog.com

Tens of thousands made homeless despite UK ban on evictions during pandemic – The Guardian

‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’

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The Guardian, 8th November 2020

Source: www.theguardian.com

Court of Appeal refuses permission to appeal Swift v Carpenter – Litigation Futures

‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’

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Litigation Futures, 6th November 2020

Source: www.litigationfutures.com

Administrative Court allows appeal by tenant on extending time for service of notice of appeal in ASB case – Local Government Lawyer

‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’

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Local Government Lawyer, 5th November 2020

Source: www.localgovernmentlawyer.co.uk

Lone child migrants cannot be put in adult hotels, high court rules – The Guardian

Posted November 3rd, 2020 in asylum, children, housing, judicial review, local government, news, statutory duty by tracey

‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’

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The Guardian, 2nd November 2020

Source: www.theguardian.com

What To Do About London’s Roof Tops – The 36 Group

Posted October 30th, 2020 in chambers articles, codes of practice, housing, local government, London, news, planning by sally

‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’

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The 36 Group, October 2020

Source: 36group.co.uk

Appeal Handed Down in Swift v Carpenter [2020] EWCA Civ 1295 – 12 King’s Bench Walk

‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’

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12 King's Bench Walk, 9th October 2020

Source: www.12kbw.co.uk

Tilting at Windfalls: Swift v Carpenter and Accommodation Capital Costs – Henderson Chambers

Posted October 28th, 2020 in accidents, appeals, chambers articles, compensation, costs, housing, news, personal injuries by sally

‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’

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Henderson Chambers, 12th October 2020

Source: www.hendersonchambers.co.uk

Traveller families win court battle over living on land they own – BBC News

Posted October 27th, 2020 in appeals, housing, local government, news, planning, travellers by sally

‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’

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BBC News, 27th October 2020

Source: www.bbc.co.uk