“The breach by a sewerage undertaker of its duty under section 106 of the Water Industry Act 1991 to permit connection of a private sewer to the public sewer did not give rise to a liability in nuisance.”
WLR Daily, 27th March 2013
Source: www.iclr.co.uk
“The families of the six people who died in the Lakanal House fire are taking legal action for compensation, BBC London has learned.”
BBC News, 4th April 2013
Source: www.bbc.co.uk
“The Supreme Court has allowed Camden’s appeal from the Court of Appeal ([2011] EWCA Civ 463) on the issue that two separate flats on the same floor of a hostel building could be considered as ‘accommodation available for occupation’ for the applicant, her school-age sister, and her father, who was in ill-health and needed his daughter to care for him.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
“The Regulations applying the Government’s ‘social sector under-occupancy penalty’ (a politically neutral description at least) are in force from 01/04/13. Broadly, social housing tenants of working age will see a deduction of 14% or 25% of the eligible rent component from their housing benefit, if the HB authority finds they have one or two spare bedrooms respectively.”
Full story (PDF)
Zenith Chambers, 28th March 2013
Source: www.zenithchambers.co.uk
Islington London Borough Council v Unite Group PLC: [2013] EWHC 508 (Admin); [2013] WLR (D) 120
“For the purposes of article 3(2) of the Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2006 it was the house in multiple occupation that had to comprise of three storeys and not the building in which a house in multiple occupation happened to be found.”
WLR Daily, 22nd March 2013
Source: www.iclr.co.uk
“This was an appeal of a Circuit Judge’s finding that LB Brent’s possession claim under Ground 16, Schedule 2 Housing Act 1985 failed because the property was reasonably needed to accommodate those living there. Very unusually, the appeal was in large part a challenge to the Judge’s findings of fact.”
NearlyLegal, 24th March 2013
Source: www.nearlylegal.co.uk/blog/
“This is an interesting appeal in relation to the counting of storeys for HMO licensing purposes. It actually repeats an argument dealt with in an appeal in a criminal prosecution of a Mr Williams by Cotswold District Council from way back in 2008 although the result here was different (see ‘Recount Your Storeys’ (2009) 12 JHL 1).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“In El-Dinnaoui v Westminster CC [2013] EWCA Civ 231, the Court of Appeal found that the offer of a flat on the 16th floor of a block to a household which contained a person with fear of heights was perverse. The offer of accommodation was ‘in the teeth’ of the medical evidence. How could the case have got this far, one might well ask? At heart in this case, there is something interesting about the reception by homelessness officers about medical evidence (see comments at the end). The final point by way of introduction is a hat-tip to Debra Wilson at Anthony Gold who, I’m told, took Mr El-Dinnaoui’s appeal pro bono (and won).”
NearlyLegal, 22nd March 2013
Source: www.nearlylegal.co.uk
“MPs say the UK Border Agency is still plagued by backlogs of unresolved immigration cases.”
BBC News, 25th March 2013
Source: www.bbc.co.uk
Leth v Republic of Austria: (Case C-420/11); [2013] WLR (D) 106
“The effect which a development project had on the value of material assets was not a factor that an assessor had to take into account under article 3 of Council Directive 85/337/EEC of 27 June 1985 on the assessment of the effects of certain public and private projects on the environment, as amended (OJ 1985 L175, p 40, OJ 1997 L73, p 5, OJ 2003 L156, p17) when undertaking an environmental impact assessment. However, pecuniary damage, in so far as it was the direct economic consequence of the environmental effects of a project, was covered by the objective of protection of the environment pursued by the Directive.”
WLR Daily, 14th March 2013
Source: www.iclr.co.uk
“Jacqui Thomas, barrister of 37 Park Square Chambers, Leeds, considers the implications of the recent Tower Hamlets judgment for the cost of kinship care.”
Family Law Week, 17th March 2013
Source: www.familylawweek.com
“The High Court is to begin hearing a challenge to government plans to scrap a £320m scheme that helps people with severe disabilities live independently.”
BBC News, 13th March 2013
Source: www.bbc.co.uk
“Cuts to legal aid are forcing the closure of almost a third of Shelter’s housing advice centres and compelling the Red Cross to abandon its assistance for family reunions, the organisations claim.”
The Guardian, 11th March 2013
Source: www.guardian.co.uk
“A high court judge has given the work and pensions secretary 14 days to show why there should not be a judicial review of the government’s ‘spare bedroom tax’, amid concerns that disabled people will be disproportionately affected by the change in benefit rules.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
“A legal challenge has been launched on behalf of 10 disabled and vulnerable children against the government’s so-called ‘spare bedroom tax’, which is expected to lead to a reduction in benefits for hundreds of thousands of people because they have at least one unused room.”
The Guardian, 5th March 2013
Source: www.guardian.co.uk
“Andrew Pack, care lawyer with Brighton & Hove City Council, considers the court’s powers to compel a local authority to meet the costs of a particular action.”
Family Law Week, 2nd March 2013
Source: www.familylawweek.co.uk
“The Localism Act 2011 made significant changes to the planning system, but did not eliminate the role of the Secretary of State in determining planning applications.”
WLR Daily, 20th February 2013
Source: www.iclr.co.uk
“Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation?”
NearlyLegal, 24th February 2013
Source: www.nearlylegal.co.uk
“The regime for the provision of housing benefit to private sector tenants enabled the Secretary of State for Work and Pensions to cap increases in permitted levels of housing benefit by reference to the general rate of inflation.”
WLR Daily, 15th February 2013
Source: www.iclr.co.uk
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