“Protesters occupying an empty office complex in the City of London owned by the bank UBS can stay until at least January, after a legal victory.”
BBC News, 19th December 2011
Source: www.bbc.co.uk
Islington London Borough Council v Boyle and another: [2011] EWCA Civ 1450; [2011] WLR (D) 355
“Guidance on the principles to be applied when determining whether a tenant occupied a dwelling-house as his only or principal home within section 81 of the Housing Act 1985.”
WLR Daily, 6th December 2011
Source: www.iclr.co.uk
Protesters occupying an empty office complex owned by a bank are set to take their fight to remain to the Court of Appeal. A High Court judge today refused to overturn a ‘possession order’ granted to investment bank UBS, which owns the complex in the City of London.”
The Independent, 7th December 2011
Source: www.independent.co.uk
“Residents who have been campaigning against a gypsy camp on green belt land in their village of Meriden face being removed from the protest stie for breaking planning laws.”
Daily Telegraph, 7th December 2011
Source: www.telegraph.co.uk
“A local authority today said it had been granted a High Court order which would prevent an ‘infamous’ illegal traveller site being reoccupied.”
The Independent, 7th November 2011
Source: www.independent.co.uk
“The Court of Appeal heard joined appeals considering the impact of insolvency on the right to make an order for possession and order for money judgment. Sharples concerned a possession claim brought under Ground 8 Housing Act 1988 (a mandatory ground for possession) and was a case in which the tenant had become bankrupt. Godfrey was a case in which possession was sought on discretionary grounds and the court of first instance had made a suspended possession order on terms of repayment of the arrears and granted money judgment; the order was made although the arrears were included within a debt relief order ‘DRO’.”
Hardwicke Chambers, 28th October 2011
Source: www.hardwicke.co.uk
“Residents of Dale Farm, the UK’s largest illegal travellers’ site, have lost their High Court battle against eviction – but are now planning an appeal.”
The Independent, 12th October 2011
Source: www.independent.co.uk
“As we await the latest court judgment, Marina Sergides analyses the legal and social aspects of the Dale Farm case.”
Garden Court Chambers Blog, 6th October 2011
Source: www.gclaw.wordpress.com
“Bailiffs have finally been given permission to start clearing the Dale Farm travellers’ site more than a fortnight after the eviction was supposed to start.”
Daily Telegraph, 3rd October 2011
Source: www.telegraph.co.uk
“Judge extends injunction to stop evictions at illegal Travellers’ site, saying council enforcement notices lacked clarity.”
The Guardian, 26th September 2011
Source: www.guardian.co.uk
“Residents of the UK’s biggest illegal travellers’ site tonight won a last-minute injunction temporarily halting moves to evict them from their homes.”
The Independent, 19th September 2011
Source: www.independent.co.uk
“UN warns of ‘grave breach of human rights’ if Travellers are forced to leave their homes as standoff over Essex site intensifies.”
The Guardian, 26th August 2011
Source: www.guardian.co.uk
“A mandatory power of repossession is proposed by the government to make it easier to evict troublesome tenants from social housing.”
The Guardian, 3rd August 2011
Source: www.guardian.co.uk
“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”
WLR Daily, 15th July 2011
Source: www.iclr.co.uk
Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208
“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”
WLR Daily, 23rd June 2011
Source: www.iclr.co.uk
“The London mayor has won his latest bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”
The Guardian, 17th March 2011
Source: www.guardian.co.uk
“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”
WLR Daily, 25th February 2011
Source: www.lawreports.co.uk
Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Hackney London Borough Council v Findlay [2011] EWCA Civ 8; [2011] WLR (D) 7
“Where a court had made an order for possession against a tenant in his absence, on an application to set aside that order under CPR r 3.1 the court should take all the circumstances into account under r 3.9, where the tenant could show for the purposes of r 39.3(5) that he had acted promptly when he found out about the possession order, had a good reason for not attending the trial and had a reasonable prospect of success on the application, giving precedence to the requirements of r 39.3(5).”
WLR Daily, 21st January 2011
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“A county court judge who was invited to make an order for possession against a demoted tenant pursuant to s 143D(2) of the Housing Act 1996 could consider whether it was proportionate to make the order sought, and could investigate and determine any issues of fact relevant for the purpose of that exercise. Consequently, the demoted tenancy regime in the 1996 Act was compatible with art 8 of the European Convention for the Protection of Human Rights and Fundamental Freedoms.”
WLR Daily, 4th November 2010
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Metropolitan Housing Trust v Hadjazi [2010] EWCA Civ 750; [2010] WLR (D) 167
“The jurisdiction of the court to grant a social landlord a possession order against an assured tenant, the husband, under ground 14A in Pt II of Sch 2 to the Housing Act 1988 on the basis of the husband’s domestic violence or threat of violence against the wife, extended to violence and threats proved to have taken place after the husband had left the dwelling house to live temporarily elsewhere.”
WLR Daily, 2nd July 2010
Source: www.lawreports.co.uk
Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.
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