housing – Page 82 – Current Awareness

Leth v Republic of Austria – WLR Daily

Posted March 19th, 2013 in airports, compensation, EC law, environmental protection, housing, law reports by tracey

Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106

“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”

WLR Daily, 14th March 2013

Source: www.iclr.co.uk

The Cost of Care……The position following the Tower Hamlets decision – Family Law Week

Posted March 18th, 2013 in benefits, budgets, care orders, carers, families, fostering, guardianship, housing, local government, news by sally

“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”

Family Law Week, 17th March 2013

Source: www.familylawweek.com

Disabled people in legal bid to save living fund – BBC News

Posted March 13th, 2013 in budgets, disabled persons, housing, judicial review, local government, news, residential care by sally

“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”

BBC News, 13th March 2013

Source: www.bbc.co.uk

Legal aid cuts force closure of almost a third of Shelter offices – The Guardian

Posted March 11th, 2013 in budgets, charities, housing, legal aid, legal representation, litigants in person, news by sally

“Cuts to legal aid are forcing the closure of almost a third of Shelter’s housing advice centres and compelling the Red Cross to abandon its assistance for family reunions, the organisations claim.”

The Guardian, 11th March 2013

Source: www.guardian.co.uk

“Can’t We Make the Local Authority Pay for It?” – Family Law Week

Posted March 4th, 2013 in children, costs, family courts, fostering, guardianship, housing, jurisdiction, local government, news by sally

“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”

Family Law Week, 2nd March 2013

Source: www.familylawweek.co.uk

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others – WLR Daily

Posted February 25th, 2013 in housing, law reports, local government, planning, time limits by sally

Tewkesbury Borough Council v Secretary of State for Communities and Local Government and others [2013] EWHC 286 (Admin); [2013] WLR (D) 73

“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”

WLR Daily, 20th February 2013

Source: www.iclr.co.uk

Residing together, apart – NearlyLegal

Posted February 25th, 2013 in appeals, families, housing, interpretation, local government, news, time limits by sally

“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”

NearlyLegal, 24th February 2013

Source: www.nearlylegal.co.uk

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) – Supreme Court

Posted February 21st, 2013 in appeals, families, health, homelessness, housing, interpretation, law reports, local government, Supreme Court by sally

Sharif (FC) (Respondent) v The London Borough of Camden (Appellant) [2013] UKSC 10 | UKSC 2011/0117 (YouTube)

Supreme Court, 20th February 2013

Source: www.youtube.com/user/UKSupremeCourt

Un-savvy leaseholders are paying the cost for hidden or unexplained terms – The Guardian

Posted February 13th, 2013 in housing, landlord & tenant, leases, news, unfair contract terms by sally

“Hidden clauses in leasehold agreements cost unlucky leaseholders thousands, warns property lawyer Stephen Hill.”

The Guardian, 12th February 2013

Source: www.guardian.co.uk

Room without review: Thoughts on tackling the bedroom tax – NearlyLegal

Posted February 11th, 2013 in benefits, budgets, disability discrimination, housing, local government, news, rent by sally

“With the beginning of the bedroom tax looming up for April and upwards of 700,000 households affected, I’ve been thinking about the position when the inevitable rent arrears possessions start to appear – probably by about October – and also whether the statute itself is open to challenge.”

NearlyLegal, 10th February 2013

Source: www.nearlylegal.co.uk

When a deficiency makes no difference – NearlyLegal

Posted February 4th, 2013 in homelessness, housing, local government, news by tracey

“The question for the Court of Appeal in this second appeal from a homeless appeal, was ‘How should the courts deal with a plainly deficient homelessness decision when the deficiency has had no adverse consequences for the applicant?’. The issue being the effect of the lack of a ‘minded to’ letter requesting submissions under Regulation 8(2) Allocation of Housing and Homelessness (Review Procedures) Regulations 1999. As we’ll see, the Court of Appeal agrees on the result, but not on the way of getting to it.”

NearlyLegal, 3rd February 2013

Source: www.nearlylegal.co.uk/blog/

Ibrahim v Wandsworth London Borough Council – WLR Daily

Posted February 1st, 2013 in homelessness, housing, law reports, local government by tracey

Ibrahim v Wandsworth London Borough Council: [2013] EWCA Civ 20; [2013] WLR (D) 38

“A local authority reviewer’s duty under regulation 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999, to invite representations from the applicant where the reviewer was minded to make a decision against the interests of the applicant despite there being a deficiency in the local authority’s original decision, was not engaged where the deficiency was not the subject of any complaint by the applicant on the review and had been neither upheld nor decided upon by the reviewer.”

WLR Daily, 30th January 2013

Source: www.iclr.co.uk

Women’s centres give vital help to ex-convicts. So why cut them? – The Guardian

Posted January 28th, 2013 in budgets, housing, news, prisons, women by sally

“Most women prisoners have committed non-violent crimes. On being released, many want to start new lives but get little or no support. In 2008, that was all supposed to change. Yet today there is anger and frustration at lack of action, and the destructive potential of cutbacks.”

The Guardian, 27th January 2013

Source: www.guardian.co.uk

Wrong priorities – NearlyLegal

Posted January 21st, 2013 in complaints, housing, local government, maladministration, news, ombudsmen by sally

“Every now and again, there is a Local Government Ombudsman report that seems to go beyond individual instances of maladministration and instead capture something of the zeitgeist. The LGO decision summarised here may well be one of the latter (certainly the Guardian thinks so), as arguably what it shows is a Local Authority prioritising its own administrative concerns over its legal duties in both its policy and the operation of policy. There is also a routine failure to ask the kind of questions that might have meant it had to do more. This on top of a series of administrative failures.”

NearlyLegal, 20th January 2013

Source: www.nearlylegal.co.uk

Article 8 success in the County Court – NearlyLegal

Posted January 18th, 2013 in housing, human rights, news, proportionality, succession, time limits by tracey

“This was a failed succession case where an article 8 proportionality defence was, at least in part successful.”

NearlyLegal, 17th January 2013

Source: www.nearlylegal.co.uk/blog/

High Court upholds Secretary of State’s refusal of 1,000 Grantham homes – OUT- LAW.com

Posted December 21st, 2012 in housing, news, planning by tracey

“A High Court judge has dismissed a challenge to the Secretary of State’s refusal of developer Larkfleet Limited’s plans to build a 1,000-home urban extension to the north of Grantham in South Kesteven.”

OUT-LAW.com, 20th December 2012

Source: www.out-law.com

Request for information – NearlyLegal

Posted December 20th, 2012 in appeals, housing, human rights, local government, news, succession by tracey

“There is a rather odd case note on Lawtel on a High Court appeal of a dismissed defence to possession following an apparently failed succession…
Evans v Brent London Borough Council QB (Ramsey J) 18/12/2012 [note of extempore judgment on Lawtel].”

NearlyLegal, 19th December 2012

Source: www.nearlylegal.co.uk/blog/

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