Category: repossession
Human Rights When Seeking Possession and Sale of a Bankrupt’s Home: Anything to Fear? – Hardwicke Chambers
“For many insolvency practitioners (in the wider sense), the European Convention on Human Rights (‘ECHR’) and the Human Rights Act 1998 (‘HRA’) are pieces of legislation having little impact upon day to day insolvency practice.”
Hardwicke Chambers, 27th July 2012
Source: www.hardwicke.co.uk
Former Dale Farm travellers face new eviction attempt – The Guardian
“Basildon council is preparing to bring back bailiffs after travellers removed from Europe’s largest illegal site at Dale Farm in Essex moved to a neighbouring settlement.”
The Guardian, 25th July 2012
Source: www.guardian.co.uk
Grow Heathrow: Squatters lose court bid to stay – BBC News
“A group of squatters who set up a community garden project on private land close to Heathrow Airport have failed in a court bid to stay.”
BBC News, 18th July 2012
Source: www.bbc.co.uk
Set in Stone? – Zenith Chambers
“Conditional review decisions in introductory tenancy cases following Camden v Stafford.”
Full story (PDF)
Zenith Chambers, 5th July 2012
Source: www.zenithchambers.co.uk
Camden London Borough Council v Stafford – WLR Daily
Camden London Borough Council v Stafford [2012] EWCA Civ 839; [2012] WLR (D) 184
“A notice under section 128 of the Housing Act 1996 seeking an order for possession of a dwelling let under an introductory tenancy could not be conditional. Similarly a review of that decision under section 129 could not introduce conditions. Thus a review notice purporting to confirm the original decision to seek possession but not pursuing possession because alternatives were put in place did not confirm the original decision. If the landlord subsequently sought possession a fresh notice under section 128 would have to be served.”
WLR Daily, 20th June 2012
Source: www.iclr.co.uk
Broken promises? Sale and rent back is no answer to a mortgage – Hardwicke Chambers
“Owner occupiers unable to afford their mortgages have sometimes entered into sale and rent back arrangements (‘SRBs’). Under a SRB, the house is sold, often at a discount, but the vendor remains in occupation under a lease granted by the purchaser. According to a 2008 OFT study, even though SRBs were a relatively new phenomenon there had been about 50,000 of them. At that time the SRB market was unregulated. The FSA began to regulate it in 2009. According to a recent FSA press release, ‘the entire SRB market is temporarily shut’. Nevertheless, it is apparent that many tens of thousands of SRBs must have taken place by now.”
Hardwicke Chambers, 24th May 2012
Source: www.hardwicke.co.uk
Peace campaigner evicted from Parliament Square using new law – UK Human Rights Blog
“On 27 April 2012, Maria Gallastegui, a peace campaigner and resident of the East pavement of Parliament Square since 2006, lost her legal battle to continue her 24 hour, tented vigil in protest against the folly of war and in particular the UK’s involvement in armed conflict.”
UK Human Rights Blog, 17th May 2012
Source: www.ukhumanrightsblog.com
Media organisations win legal fight over Dale Farm footage – BBC News
“Media organisations have won a High Court battle over police orders to hand over film of the evictions from the traveller site at Dale Farm in Essex.”
BBC News, 17th May 2012
Source: www.bbc.co.uk
Repossession day in court: ten minutes with a lawyer, five before a judge – The Guardian
“Legally-aided advice desk at Clerkenwell and Shoreditch county court is a vital service for clients who may lose their homes.”
The Guardian, 16th April 2012
Source: www.guardian.co.uk
Occupy London protesters evicted by police – Daily Telegraph
“Protesters camping at St Paul’s Cathedral in London as part of the Occupy movement have been evicted by police after losing a Court of Appeal challenge.”
Daily Telegraph, 28th February 2012
Source: www.telegraph.co.uk
Private: Keep Out – Hardwicke Chambers
“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.”
Hardwicke Chambers, 20th December 2011
Source: www.hardwicke.co.uk
Policy, possession and proportionality – Nearly Legal – UK Human Rights Blog
“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.”
UK Human Rights Blog, 1st January 2012
Source: www.ukhumanrightsblog.com
CPS to consider Dale Farm charges – The Independent
“Police have passed 16 cases linked to the clearance of theUK’s largest travellers’ site to the Crown Prosecution Service.”
The Independent, 20th December 2011
Source: www.independent,co.uk
Occupy protesters in UBS bank building win legal victory – BBC News
“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.”
BBC News, 19th December 2011
Source: www.bbc.co.uk
Islington London Borough Council v Boyle and another – WLR Daily
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
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.”
The Independent, 7th December 2011
Source: www.independent.co.uk
Meriden villagers threatened with eviction over gypsy protest – Daily Telegraph
“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.”
Daily Telegraph, 7th December 2011
Source: www.telegraph.co.uk
Basildon Council wins travellers court order – The Independent
“A local authority today said it had been granted a High Court order which would prevent an ‘infamous’ illegal traveller site being reoccupied.”
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
“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’.”
Hardwicke Chambers, 28th October 2011
Source: www.hardwicke.co.uk
