‘In the first appeal in which the Supreme Court has been required to deal with s. 84 of the Law of Property Act 1925, it has delivered a strong warning to developers who may contemplate building on land in breach of a restrictive covenant: Ignore at your Peril.’
St Ives Chambers, 8th November 2020
Source: www.stiveschambers.co.uk
‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’
Law Society's Gazette, 9th November 2020
Source: www.lawgazette.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925 (the “1925 Act”).’
UKSC Blog, 6th November 2020
Source: ukscblog.com
‘Tens of thousands of people have been made homeless since the start of the pandemic despite a ban on evictions, the Guardian has found, with charities warning that younger people are falling through the gaps.’
The Guardian, 8th November 2020
Source: www.theguardian.com
‘The Court of Appeal has refused permission to appeal Swift v Carpenter, its recent decision that replaced the Roberts v Johnstone formula for calculating accommodation claims by injured people.’
Litigation Futures, 6th November 2020
Source: www.litigationfutures.com
‘A Plymouth woman has successfully appealed over a closure order imposed on her home after complaints of anti-social behaviour.’
Local Government Lawyer, 5th November 2020
Source: www.localgovernmentlawyer.co.uk
‘The high court has ruled that unaccompanied child migrants cannot be placed in adult hotel accommodation after three young asylum seekers won the right to be placed in the care of social services in the first case of its kind.’
The Guardian, 2nd November 2020
Source: www.theguardian.com
‘More than a few are eyeing the value of rooftops on residential tower blocks of flats.’
The 36 Group, October 2020
Source: 36group.co.uk
‘This test case challenged whether the previous approach, set out in Roberts v Johnstone, was correct and clarifies the correct approach to calculating accommodation claims.’
12 King's Bench Walk, 9th October 2020
Source: www.12kbw.co.uk
‘In a long-awaited judgment, the Court of Appeal in Swift v Carpenter [2020] EWCA Civ 1295 has ruled on the quantum of the award for additional capital cost of new accommodation following an accident in an age of negative discount rate. How is it now calculated? When does the formula apply?’
Henderson Chambers, 12th October 2020
Source: www.hendersonchambers.co.uk
‘Six Traveller families have won a High Court appeal against a decision which would stop them living on land they own in Newark-on-Trent, Nottinghamshire.’
BBC News, 27th October 2020
Source: www.bbc.co.uk
‘This was an appeal from an FTT rent repayment order decision. The FTT decision was made before the Upper Tribunal decision in Vadamalayan v Stewart and others (2020) UKUT 0183 (LC) (our report) and this appeal succeeded pretty much on that basis alone – the FTT decision was wrong in law in the way the Tribunal had approached the award – but it also involves the UT putting down another firm marker to FTTs on the correct approach to awards in rent repayment orders.’
Nearly Legal, 24th October 2020
Source: nearlylegal.co.uk
‘When the stay on possession proceedings first came into force on 27 March 2020, it appeared to be a straight-forward (albeit blunt) tool to help the Courts manage the effects of the Coronavirus.’
Tanfield Chambers, 5th October 2020
Source: www.tanfieldchambers.co.uk
‘On 31 October 2020, the ban on repossession proceedings comes to an end. Approximately 1.8 million people have taken a deferral on a mortgage, and the second period of deferral is now coming to an end. Lenders may commence or continue with possession proceedings if appropriate.’
No. 5 Chambers, 13th October 2020
Source: www.no5.com
‘The Supreme Court has unanimously dismissed an appeal over the lawfulness and proportionality of a housing charity’s policy of allocating social housing primarily to members of the Orthodox Jewish community in Hackney and in particular the Haredi community.’
Local Government Lawyer, 16th October 2020
Source: www.localgovernmentlawyer.co.uk
‘The Supreme Court unanimously dismissed this appeal about the application of anti-discrimination law to charities, where they are established to provide benefits (in this case, social housing) for particular groups which are the subject of their charitable objectives. The relevant anti-discrimination laws are contained in the Equality Act 2010 and Council Directive 2000/43/EC of 29 June 2000 (the “Race Directive”).’
UKSC Blog, 16th October 2020
Source: ukscblog.com
‘A woman seeking housing in east London who alleged racial discrimination when a housing charity reserved its properties for Orthodox Jewish people has lost her case at the supreme court.’
The Guardian, 16th October 2020
Source: www.theguardian.com
‘The High Court has dismissed an application to overturn a judge’s refusal to allow tenants to rely on a witness statement from a council officer in eviction proceedings brought by a housing association.’
Local Government Lawyer, 15th October 2020
Source: www.localgovernmentlawyer.co.uk
‘This was a section 204 Housing Act 1996 appeal following Lambeth’s review decision that Ms S had made herself intentionally homeless. This was the trial of a preliminary issue concerning Lambeth’s “minded to” decision letter sent during the course of the review.’
Nearly Legal, 11th October 2020
Source: nearlylegal.co.uk
‘The family of a disabled woman who died trapped in Grenfell Tower is taking legal action against the government to force high-rise owners to make evacuation plans for every disabled resident. Sakina Afrasehabi, who had severe arthritis and walked with a frame, died on the 18th floor in the June 2017 blaze at the age of 65. Now her family want a judicial review of government proposals, arising from the disaster, that personal evacuation plans should only apply for people in buildings considered at immediate fire risk.’
The Guardian, 5th October 2020
Source: www.theguardian.com
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