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Masthead Housing - Litigation

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Reopening final appeals

Jeremy Pike and Charles Streeten analyse an important Court of Appeal judgment on applications for permission to appeal, reopening final appeals, and s 31(2A) of the Senior Courts Act.

News headlines

Jul 09, 2018

High Court quashes village green registration over 'trigger event'

The High Court has given what is reported to be the first ruling on a ‘trigger event’ for the purposes of town and village green registration.
Jul 04, 2018

District council sees off High Court challenge to Local Plan

A Planning Court judge has dismissed a developer’s legal challenge to Epping Forest District Council’s decision to approve its Local Plan and submit the document to the Secretary of State Housing, Communities and Local Government for independent…
Jul 04, 2018

Developer sues county, leader and chief exec over handling of planning application

A property developer has launched legal proceedings against Northumberland County Council, its Leader Cllr Peter Jackson, Cllr John Riddle and its chief executive Daljit Lally over the handling of its planning application in relation to a proposed…
Jun 28, 2018

Prosecution by city council sees landlord ordered to pay £400k for safety failures

A prosecution brought by City of Lincoln Council has seen a landlord in Lincoln fined £400,000 for failing to comply with fire, health and safety standards in two of his properties.
Jun 26, 2018

High Court backs council over permissive policy and sites outside identified locations

A High Court judge has upheld a legal challenge by Canterbury City Council over a planning inspector’s grant of planning permission for an 85-home development on a greenfield site.

Features and analysis

Lack of succession rights and the HRA

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John Murray analyses a recent High Court case whereby a council successfully retained a possession order against a mother and son who suffered from a range of medical issues and resided in a three-bedroom property, but had no succession rights.

Serving surveillance evidence

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When should surveillance evidence be served? Catherine Burt looks at the lessons from a recent appeal involving a city council.

Second successions?

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A recent High Court case focussed on the issue of statutory succession where one of two joint secure tenants had died, then the remaining tenant later died leaving an adult child (the defendant) in occupation. Rebecca Sembuuze reports.

A pragmatic approach

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John Murray takes a look into a specific appeal against a housing association landlord's decision to serve notice on a starter tenant.

Older articles

Jun 15, 2018

Second successions?

A recent High Court case focussed on the issue of statutory succession where one of two joint secure tenants had died, then the remaining tenant later died leaving an adult child (the defendant) in occupation. Rebecca Sembuuze reports.
Jun 15, 2018

A pragmatic approach

John Murray takes a look into a specific appeal against a housing association landlord's decision to serve notice on a starter tenant.
Jun 14, 2018

Trafficked woman harassed when housed by council fails in damages claim

A judge has dismissed a claim brought by a woman trafficked into prostitution that a council was responsible for harassment that occurred when she was housed.
Jun 11, 2018

Virgin Media to take council to Upper Tribunal over broadband rollout and land access

Virgin Media has instigated legal proceedings in order to reach a court-imposed agreement under the updated Electronic Communications Code (ECC) over land access with Durham County Council.
Jun 08, 2018

Capacity and housing: a strange relationship

The Court of Appeal has handed down an important judgment on the capacity to make a homelessness application. The Court of Protection team at 39 Essex Chambers examine the ruling.
Jun 04, 2018

High Court to hear application for judicial review of right to rent scheme

The High Court will this week hear an application by the Joint Council for the Welfare of Immigrants (JCWI) for a judicial review challenge over the right to rent scheme.
Jun 01, 2018

V for victory?

So who did win the judicial review over the Mayor of London’s supplementary planning guidance? Simon Ricketts weighs the ruling up.
May 31, 2018

Claimant fails in damages claim against council for housing breaches

A woman left in unsuitable housing is not entitled to damages from the London Borough of Enfield, the High Court has said.
May 24, 2018

Housing association fails in appeal over ruling it harassed tenants

Social landlord Metropolitan Housing Trust has failed to convince the Court of Appeal to overturn a finding that it unlawfully harassed two tenants.
May 21, 2018

Law centres in High Court challenge over housing duty solicitor changes

The High Court will this week (21-22 May) hear a challenge from the Law Centres Network (LCN) to changes that the Ministry of Justice (MoJ) wants to introduce to the provision of housing duty solicitor desks in County Courts.
May 11, 2018

Variation of contracts and lack of protest

A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.
May 11, 2018

Viability and affordable housing

A High Court judge has given an important judgment on viability and affordable housing in London. Tim Buley examines the ruling.
May 11, 2018

Homelessness and academic appeals

The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.
May 10, 2018

HMCTS behind schedule on “ambitious” court reform programme, says watchdog

HM Courts Service is behind where it expected to be at this stage of its ambitious reform programme, the National Audit Office has warned.
May 08, 2018

Security guard did not have authority to accept informations: Admin Court

A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.
Apr 30, 2018

Council defeats Court of Appeal challenge to eviction process

Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.
Apr 27, 2018

Costs in public law cases

Alexander Campbell analyses a recent Court of Appeal ruling on costs that has important lessons for local authorities conducting assessments.
Apr 27, 2018

The big court or the home court?

The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 1996 if the s.204 appeal is challenging a review decision rather than the original decision. Michael Paget and Zoë Whittington report.
Apr 25, 2018

Judicial review challenge over fate of town hall ended: report

Local activists are said to have abandoned an attempt to take the London Borough of Haringey to judicial review over the future of Hornsey town hall.
Apr 23, 2018

Housing team at Forbes sees number of Higher Court Advocates rise to seven

The Housing and Regeneration Department at Forbes Solicitors now has seven Higher Court Advocates after the latest Higher Rights of Audience qualification assessments.

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