Category: repossession

Private: Keep Out – Hardwicke Chambers

Posted January 10th, 2012 in human rights, news, repossession by sally

“Since the cases of Manchester CC v. Pinnock [2010] UKSC 45 and LB Hounslow v. Powell [2011] UKSC 8 it is clear that the County Court must have, and does have, the power to assess in every case whether the making of a possession order in respect of a person’s ‘home’ is ‘proportionate’ for the purposes of art.8 of the European Convention on Human Rights. However, this is in the context of a local authority land owner seeking an order for possession.”

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Hardwicke Chambers, 20th December 2011

Source: www.hardwicke.co.uk

Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog

Posted January 3rd, 2012 in appeals, defences, housing, news, proportionality, repossession by tracey

“This was a rolled up permission to appeal and appeal hearing (on which more later) for appeal to a Circuit Judge from a possession order made by a District Judge at Bromley. At issue was whether the District Judge was wrong to reject a) a proportionality defence and b) a gateway B public law defence arising from Lewisham’s failure to follow its own policy. It is interesting as an example of proportionality/gateway B defences in action in the County Court, but also somewhat frustrating, for reasons which will become clear.”

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UK Human Rights Blog, 1st January 2012

Source: www.ukhumanrightsblog.com

 

CPS to consider Dale Farm charges – The Independent

Posted December 20th, 2011 in bailiffs, Crown Prosecution Service, news, repossession, travellers by tracey

“Police have passed 16 cases linked to the clearance of theUK’s largest travellers’ site to the Crown Prosecution Service.”

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The Independent, 20th December 2011

Source: www.independent,co.uk

Occupy protesters in UBS bank building win legal victory – BBC News

Posted December 20th, 2011 in appeals, demonstrations, news, repossession, squatting by tracey

“Protesters occupying an empty office complex in the City of London owned by the bank UBS can stay until at least January, after a legal victory.”

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BBC News, 19th December 2011

Source: www.bbc.co.uk

Islington London Borough Council v Boyle and another – WLR Daily

Posted December 9th, 2011 in housing, law reports, local government, repossession by tracey

Islington London Borough Council v Boyle and another: [2011] EWCA Civ 1450;  [2011] WLR (D)  355

“Guidance on the principles to be applied when determining whether a tenant occupied a dwelling-house as his only or principal home within section 81 of the Housing Act 1985.”

WLR Daily, 6th December 2011

Source: www.iclr.co.uk

Bank protest set for appeal court – The Independent

Posted December 8th, 2011 in appeals, banking, demonstrations, news, repossession, squatting by tracey

Protesters occupying an empty office complex owned by a bank are set to take their fight to remain to the Court of Appeal. A High Court judge today refused to overturn a ‘possession order’ granted to investment bank UBS, which owns the complex in the City of London.”

Full story

The Independent, 7th December 2011

Source: www.independent.co.uk

Meriden villagers threatened with eviction over gypsy protest – Daily Telegraph

Posted December 8th, 2011 in demonstrations, news, planning, repossession, travellers by tracey

“Residents who have been campaigning against a gypsy camp on green belt land in their village of Meriden face being removed from the protest stie for breaking planning laws.”

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Daily Telegraph, 7th December 2011

Source: www.telegraph.co.uk

Basildon Council wins travellers court order – The Independent

Posted November 8th, 2011 in injunctions, local government, news, repossession, travellers by sally

“A local authority today said it had been granted a High Court order which would prevent an ‘infamous’ illegal traveller site being reoccupied.”

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The Independent, 7th November 2011

Source: www.independent.co.uk

Is the decision in Godfrey a mark of the demise of Debt Relief Orders? – Hardwicke Chambers

Posted October 31st, 2011 in debts, insolvency, news, repossession by sally

“The Court of Appeal heard joined appeals considering the impact of insolvency on the right to make an order for possession and order for money judgment. Sharples concerned a possession claim brought under Ground 8 Housing Act 1988 (a mandatory ground for possession) and was a case in which the tenant had become bankrupt. Godfrey was a case in which possession was sought on discretionary grounds and the court of first instance had made a suspended possession order on terms of repayment of the arrears and granted money judgment; the order was made although the arrears were included within a debt relief order ‘DRO’.”

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Hardwicke Chambers, 28th October 2011

Source: www.hardwicke.co.uk

Travellers plan eviction bid appeal – The Independent

Posted October 13th, 2011 in appeals, local government, news, repossession, travellers by tracey

“Residents of Dale Farm, the UK’s largest illegal travellers’ site, have lost their High Court battle against eviction – but are now planning an appeal.”

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The Independent, 12th October 2011

Source: www.independent.co.uk

The Dale Farm Evictions – Garden Court Chambers Blog

Posted October 6th, 2011 in human rights, local government, news, repossession, travellers by sally

“As we await the latest court judgment, Marina Sergides analyses the legal and social aspects of the Dale Farm case.”

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Garden Court Chambers Blog, 6th October 2011

Source: www.gclaw.wordpress.com

Bailiffs given permission to start clearing Dale Farm travellers’ site – Daily Telegraph

Posted October 4th, 2011 in costs, local government, news, repossession, travellers by tracey

“Bailiffs have finally been given permission to start clearing the Dale Farm travellers’ site more than a fortnight after the eviction was supposed to start.”

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Daily Telegraph, 3rd October 2011

Source: www.telegraph.co.uk

Dale Farm residents win further reprieve – The Guardian

Posted September 27th, 2011 in enforcement notices, injunctions, local government, news, repossession, travellers by sally

“Judge extends injunction to stop evictions at illegal Travellers’ site, saying council enforcement notices lacked clarity.”

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The Guardian, 26th September 2011

Source: www.guardian.co.uk

Travellers win last-gasp delay – The Independent

Posted September 20th, 2011 in injunctions, local government, news, repossession, travellers by tracey

“Residents of the UK’s biggest illegal travellers’ site tonight won a last-minute injunction temporarily halting moves to evict them from their homes.”

Full story

The Independent, 19th September 2011

Source: www.independent.co.uk

Dale Farm Travellers prepare for imminent eviction battle – The Guardian

Posted August 30th, 2011 in enforcement notices, local government, news, repossession, travellers by sally

“UN warns of ‘grave breach of human rights’ if Travellers are forced to leave their homes as standoff over Essex site intensifies.”

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The Guardian, 26th August 2011

Source: www.guardian.co.uk

Landlords to be given new powers to evict ‘neighbours from hell’ – The Guardian

Posted August 3rd, 2011 in housing, landlord & tenant, news, repossession by sally

“A mandatory power of repossession is proposed by the government to make it easier to evict troublesome tenants from social housing.”

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The Guardian, 3rd August 2011

Source: www.guardian.co.uk

Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey – WLR Daily

Posted July 19th, 2011 in appeals, housing, insolvency, landlord & tenant, law reports, repossession by tracey

Places for People Homes Ltd v Sharples; A2 Dominion Homes Ltd v Godfrey [2011] EWCA Civ 813;  [2011] WLR (D)  233

“The provisions of the insolvency legislation did not fetter the power of the county court to make a possession order for non-payment of rent against a bankrupt assured tenant or an assured tenant protected by a debt relief order (“DRO”) made under Part 7A of the Insolvency Act 1986 (inserted by section 108(1) of and Schedule 17 to the Tribunals, Courts and Enforcement Act 2007) , although the court could not make an order for payment of unpaid rent against a bankrupt’s estate. Although the moratorium under a debt protection order rendered it unreasonable to make a suspended possession order conditional on paying off past debt, the county court had jurisdiction to make such an order conditional on payment of the current rent.”

WLR Daily, 15th July 2011

Source: www.iclr.co.uk

Bank of Scotland plc v Zinda – WLR Daily

Posted June 27th, 2011 in appeals, law reports, mortgages, repossession by sally

Bank of Scotland plc v Zinda [2011 EWCA Civ 706; [2011] WLR (D) 208

“An agreement between the mortgagor and mortgagee consolidating the unpaid instalments leading up to a suspended possession order and the future mortgage instalments thereby enlarging the total amount of loan did not have the effect of creating a new contract of loan displacing the original contract of loan. Nor did the agreement affect the survival of the suspended possession order entitling the mortgagee to take immediate possession of the mortgaged property without any further order based on the new contract.”

WLR Daily, 23rd June 2011

Source: www.iclr.co.uk

Anti-war protester Brian Haw loses right to camp outside parliament – The Guardian

Posted March 17th, 2011 in demonstrations, injunctions, London, news, repossession by sally

“The London mayor has won his latest bid to evict veteran peace campaigner Brian Haw from Parliament Square Gardens.”

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The Guardian, 17th March 2011

Source: www.guardian.co.uk

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby – WLR Daily

Posted February 28th, 2011 in housing, law reports, local government, proportionality, repossession, Supreme Court by sally

Hounslow London Borough Council v Powell; Leeds City Council v Hall; Birmingham City Council v Frisby [2011] UKSC 8; [2011] WLR (D) 64

“In all cases where a local authority was seeking possession of a property which constituted a persons home, including persons who had been granted introductory tenancies pursuant to Part V of the Housing Act 1996 and persons who had been granted a licence of property under the homelessness regime in Part VII of the 1996 Act, the court being asked to make the order for possession had to have the power, pursuant to article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, to consider whether the order would be a proportionate means of achieving a legitimate aim.”

WLR Daily, 25th February 2011

Source: www.lawreports.co.uk

Please note that once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.