Orders for forced entry after injunction – Nearly Legal

‘This was a County Court appeal from a first instance decision by a District Judge that the Court did not have jurisdiction under Civil Procedure Rule 25.1 to make an order allowing Sovereign to force entry to their tenant’s, Ms Hall, property.’

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Nearly Legal, 8th December 2024

Source: nearlylegal.co.uk

Mediation in England and Wales – OUT-LAW.com

Posted October 8th, 2024 in Commercial Court, county courts, dispute resolution, fees, news by sally

‘Mediation is a voluntary and confidential process using the services of a mediator, who is a neutral third party who will attempt to facilitate negotiation by the parties of an agreed settlement.’

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OUT-LAW.com, 7th October 2024

Source: www.pinsentmasons.com

Homelessness eligibility and the Withdrawal Agreement – two (contradictory) appeals – Nearly Legal

‘C v Oldham Council: Hynek v LB Islington. Central London County Court 24 May 2024. These are two s.204 appeals which address the effect of the Withdrawal Agreement (The Agreement of the Withdrawal of the United Kingdom of Great Britain and Northern Ireland from the European Union,) on eligibility for housing assistance/homeless duties.’

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Nearly Legal, 9th June 2024

Source: nearlylegal.co.uk

Winning defendants lose out on 25% of costs after mediation refusal – Law Society’s Gazette

Posted June 4th, 2024 in costs, county courts, dispute resolution, news, penalties by tracey

‘Successful county court defendants who had flatly rejected offers to mediate have been denied some of their costs as a penalty.’

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Law Society's Gazette, 4th June 2024

Source: www.lawgazette.co.uk

County court has “borne brunt” of court reform failure – Legal Futures

Posted May 9th, 2024 in budgets, civil justice, county courts, news, select committees by sally

‘The county court has “borne the brunt” of the failure of the court modernisation programme to deliver, a former adviser to the Ministry of Justice (MoJ) has said.’

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Legal Futures, 8th May 2024

Source: www.legalfutures.co.uk

Discrimination, belief and the “fundamental party rights”: the judgment in Ali v Green Party of England and Wales – Cloisters

‘The County Court has given judgment in Ali v Green Party of England and Wales [Central London County Court, 9 February 2024]. For the first time, the court had to consider the interaction between the Equality Act 2010 association provisions, the protected characteristic of belief, and the rights of political parties and their members under the European Convention on Human Rights. The decision will be of great interest to political parties and campaigners of all kinds.’

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Cloisters, 9th February 2024

Source: www.cloisters.com

Varying a possession order from discretionary to mandatory ground – Nearly Legal

Posted December 11th, 2023 in appeals, county courts, firearms, housing, landlord & tenant, news, repossession by tracey

‘Poplar HARCA v Kerr. Central London County Court 26 July 2023. This was a county court appeal to a circuit judge on the issue of whether a pre-existing suspended possession order, made on a discretionary ground, could be varied on the application of the landlord to an outright order on a mandatory ground. As ever with County Court appeals, not binding precedent, but may be persuasive.’

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Nearly Legal, 10th December 2023

Source: nearlylegal.co.uk

Tales from the County Courts – housing conditions quantum, proof of notice of defects, and section 21 and gas safety certificates again – Nearly Legal

Three county court cases – all first instance judgments and non-binding, but each of interest, including the first two fitness for human habitation decisions that have come our way and a complicating decision on gas safety certificates and section 21 notices.

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Nearly Legal, 19th November 2023

Source: nearlylegal.co.uk

Unlawful eviction – section 27 residence and section 28 damages – Nearly Legal

Posted July 24th, 2023 in county courts, damages, estoppel, housing, news by tracey

‘Wilson v Wilson & Anor (2023) EW Misc 5 (CC). A county court judgment on a claim under section 27 Housing Act 1988 for unlawful deprivation of occupation, against a background of breakdown in relations between a family. The key issue being the residential status of the claimant where she was, admittedly, absent from the property. There was also a claim in proprietary estoppel.’

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Nearly Legal, 23rd July 2023

Source: nearlylegal.co.uk

Tales from the County Courts – non-occupation of council tenancy, unlawful eviction and ‘wild allegations’ all over the place – Nearly Legal

Posted July 19th, 2023 in county courts, housing, landlord & tenant, news, repossession by tracey

‘A couple of County Court judgments – by HHJ Luba KC, as a circuit judge. Buckle up for a bumpy ride through the all too familiar county court landscape of erratic pleadings, lengthy delays and parties who rather mistakenly think that their own bluster and allegations will see them through, without supporting evidence or indeed logic. First, a possession claim for non-occupation of a secure tenancy as only or principle home, and then a possession claim that went badly wrong for a landlord facing a counter claim for deposit penalties, disrepair, harassment and unlawful eviction.’

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Nearly Legal, 17th July 2023

Source: nearlylegal.co.uk

Contractual costs in the Tribunal & County Court, with a guest appearance – Nearly Legal

Posted July 11th, 2023 in costs, county courts, leases, news, service charges, solicitors, tribunals by sally

‘The underlying proceedings were a small claim in the County Court by Crescent (via Davidoff as agent) for unpaid service charges against Mr Behjat as leaseholder. It was, apparently, transferred to the FTT for determination of payability and reasonableness of the service charges. It appears that there was then a Tribunal decision, and simultaneous County Court order made by the Tribunal judge sitting as a county court judge.’

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Nearly Legal, 10th July 2023

Source: nearlylegal.co.uk

Operating CCTV lawfully – Local Government Lawyer

‘A county court judge has ruled that Islington Council’s operated its CCTV system lawfully. Sam Fowles explains why.’

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Local Government Lawyer, 7th July 2023

Source: www.localgovernmentlawyer.co.uk

Time from issue to trial in county court hits record high of 80 weeks – Legal Futures

‘The number of claims lodged at the county court has returned to near pre-Covid levels but the time between issue and trial has reached a new all-time high, according to the latest government figures.’

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Legal Futures, 2nd June 2023

Source: www.legalfutures.co.uk

UK passengers owed millions by airlines in unpaid refunds and expenses – The Guardian

‘Airlines including Wizz Air and Ryanair owe millions of pounds to passengers from unpaid refunds and expenses, according to an investigation by the consumer group Which?’

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The Guardian, 17th March 2023

Source: www.theguardian.com

Wait time for county court trials reaches new all-time high – Legal Futures

Posted December 6th, 2022 in coronavirus, county courts, delay, news, reports, statistics by sally

‘The time between issue and trial for fast- and multi-track claims has now exceeded 75 weeks, the longest this century, according to the latest government figures.’

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Legal Futures, 6th December 2022

Source: www.legalfutures.co.uk

Almost 75,000 defendants awaiting crown court trial, says head of CPS – The Guardian

‘The head of the Crown Prosecution Service has warned that cutting its budget would have a “catastrophic” impact on the backlog in the crown courts, as he revealed that almost 75,000 defendants were awaiting trial at the end of last month.’

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The Guardian, 1st November 2022

Source: www.theguardian.com

On credibility and penalties – Nearly Legal

Posted November 1st, 2022 in county courts, deposits, landlord & tenant, news, penalties by sally

‘A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

On credibility and penalties – Nearly Legal

Posted October 31st, 2022 in county courts, deposits, housing, landlord & tenant, limitations, news, time limits by tracey

‘Lowe v Charterhouse (2022) EW Misc 8 (CC). A county court deposit penalty claim judgment, but well worth noting because a) a Circuit Judge decision by HHJ Luba KC, b) there are some broader points in application , and c) well it is quite the case.’

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Nearly Legal, 30th October 2022

Source: nearlylegal.co.uk

Time taken to get civil cases to trial reaches all-time high – Legal Futures

‘The time between issue and trial for fast- and multi-track claims has hit 75 weeks, the longest this century, according to government figures published yesterday.’

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Legal Futures, 2nd September 2022

Source: www.legalfutures.co.uk

Judge calls for guidance on rights of unqualified agency advocates – Legal Futures

Posted June 10th, 2022 in advocacy, barristers, county courts, law firms, news, solicitors by sally

‘County court judges would benefit from “more authoritative guidance” from the higher courts on whether unqualified solicitor’s agents have rights of audience, a circuit judge has said.’

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Legal Futures, 10th June 2022

Source: www.legalfutures.co.uk