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Case comment: Human rights, proportionality and local authority evictions
Updated | We posted earlier on the Supreme Court ruling in Manchester City Council (Respondent) v Pinnock (Appellant), that requires courts to be satisfied that any order for possession sought by local...
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Radical social housing reform plans published
The Department for Communities and Local Government has published its plans for “the most radical reform of social housing in a generation”. The reforms which have generated most publicity are those...
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Supreme Court extends meaning of domestic violence
Yemshaw (Appellant) v London Borough of Hounslow (Respondent) [2011] UKSC 3 – Read judgment / press summary The Supreme Court has unanimously ruled that “domestic violence” in section 177(1) of the...
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When eviction breaches human rights
Updated | London Borough of Hounslow v Powell [2011] UKSC 8 (23 February 2011) - Read judgment / press summary The Supreme Court has given important guidance as to when eviction from local authority...
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Will evicting rioters be a bear patrol?
In a 1996 episode of The Simpsons, a bear frightens residents of Springfield by strolling down from the mountains. Homer rallies an unruly mob and convinces the town mayor to create a state of the art...
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Analysis – Camden Council must disclose list of empty properties to squatting...
Voyias v Information Commissioner and the London Borough of Camden EA/2011/0007 – Read Judgment The First Tier Tribunal has overturned a decision of the Information Commissioner and ordered Camden...
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Misrepresenting the law on squatting
Today, an open letter from 158 lawyers and academics has been published in The Guardian claiming that the law on squatting, on which the Government has proposed reforms, has been misrepresented by...
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Another cuts challenge fails: Changes to housing benefit scheme is lawful
Child Poverty Action Group v Secretary of State for Work & Pensions [2011] EWHC 2616 (Admin) – Read judgment On 13 October 2011 Mr Justice Supperstone in the High Court held that changes to rules...
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Policy, possession and proportionality – Nearly Legal
Denry Okpor v London Borough of Lewisham, Bromley County Court 25 October 2011 [Transcript not publicly available] Adam Wagner represented Mr Okpor in this case. He is not the author of this post. This...
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Occupy London to be evicted – full judgment
The City of London has succeeded in its court High Court battle against the Occupy London movement which is currently occupying an area close to St Paul’s Cathedral. As things stand, subject to any...
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Unlawful to refuse support for Portuguese with AIDS – Nearly Legal
De Almeida, R (on the application of) v Royal Borough of Kensington and Chelsea [2012] EWHC 1082 (Admin) – Read judgment This was a judicial review of RBK&C’s refusal to provide support under s.21...
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Peace campaigner evicted from Parliament Square using new law – Marina Wheeler
R (on the application of Maria Gallastegui) v Westminster City Council [2012] EWHC 1123 (Admin) - Read judgment On 27 April 2012, Maria Gallastegui, a peace campaigner and resident of the East...
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Housing benefit system discriminated against disabled people, rules Court of...
Burnip v. Birmingham City Council, Trengrove v. Walsall Metropolitan Council, Gorry v. Wiltshire Council [2012] EWCA Civ 629 – read judgment In the same week that the Secretary of State for Work and...
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More from Strasbourg on possession and Article 8 – Nearly Legal
BUCKLAND v. THE UNITED KINGDOM – 40060/08 – HEJUD [2012] ECHR 1710 – read judgment The ECtHR’s recent decision in Buckland v UK demonstrates again how wonderfully delphic the subject of housing and...
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Joint tenancy rule has nothing to do with Convention rights
Michael Sims v Dacorum Borough Council [2013] EWCA Civ 12 – read judgment This was a property dispute which broke out on the marriage breakdown of two joint tenants of council property. The wife who...
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Supreme Court find A1P1 breach in retrospective legislation
Salvesen v. Riddell [2013] UKSC 22, 24 April 2013, read judgment When can an agricultural landlord turf out his tenant farmer? The answer to this question has ebbed and flowed since the Second World...
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Another “Bedroom Tax” Challenge Fails
Rutherford and Ors v Secretary of State for Work and Pensions [2014] EWHC 1613 (Admin) – Read judgement here. At the end of May, the High Court ruled that the reduction in Housing Benefit under...
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Housing, Article 8 and A1P1 in the Supreme Court
Sims v Dacorum Borough Council [2014] UKSC 63 - read judgment 12 November 2014 and R (ota ZH and CN) v. LB Newham et al [2014] UKSC 62 - read judgment 12 November 2014 A brace of cases showing the...
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The Round-up: Controversy over the Courts Charge and Serdar Mohammed
Photo credit: The Guardian In the news The Howard League for Penal Reform has called for a review of the “unfair and unrealistic” Criminal Courts Charge, which “ penalises the poor and encourages the...
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The Round Up: Grenfell, lost DVDs, and a Deputy Judge who erred in law.
Conor Monighan brings us the latest updates in human rights law. Credit: The Guardian In the News: An independent report into building regulations, commissioned by the government in the wake of the...
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