The defendant family was served without notice with an anti-social behaviour order ordering them to leave their home immediately, and making other very substantial restrictions. The evidence in large part related to other people entirely. Held: To grant an injunction without notice is to grant an exceptional remedy. As to hearsay evidence: ‘ the experience … Continue reading Moat Housing Group-South Ltd v Harris and Another: CA 16 Mar 2005
Citations:  EWCA Civ 1263 Links: Bailii Statutes: Housing Act 1996 153 Jurisdiction: England and Wales Criminal Sentencing, Contempt of Court Updated: 21 June 2022; Ref: scu.217446
A female tenant endured six years of misery caused by cockroaches, described as a quite appalling infestation for which she was in no way responsible.
Held: The court was not satisfied that the dismissal of the tenant’s claim was the right . .
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The defendant appealed against the issuing of an anti-social behaviour order for ‘housing-related conduct’ where the conduct alleged had no connection with council tenants or property.
Held: The appeal failed. ‘Housing-related’ meant ‘directly . .
Alleged bias and procedural unfairness by an adjudicator appointed to determine a dispute in relation to a construction contract. Held: The principles of the common law rules of natural justice and procedural fairness were two-fold. A professional person acting as arbitrator is bound by the principles of natural justice just as would be a judge … Continue reading AMEC Capital Projects Ltd v Whitefriars City Estates Ltd: CA 28 Oct 2004
Appeal from rejection of appeal from finding of intentional homelessness. Judges: Patten LJ, Briggs of estbourne L Citations:  EWCA Civ 1532 Links: Bailii Statutes: Housing Act 1996 204 Jurisdiction: England and Wales Housing Updated: 31 March 2022; Ref: scu.597390
The tenant had given notice to the landlord’s agent that a sash-cord in the only window of a bedroom had broken. No repair was effected and about two months later the second sash-cord broke injuring the tenant. The House was asked whether there was a breach by the landlords of the implied undertaking in the … Continue reading Summers v Salford Corporation: HL 1943
The claimant sought relief by way of judicial review from a policy statement issued by the defendants regarding the alleged widespread misselling of payment protection insurance policies, and the steps to be taken to compensate the purchasers. They objected that the policy statement would require them to act beyond their obligations in law. Held: The … Continue reading British Bankers Association, Regina (on The Application of) v The Financial Services Authority and Another: Admn 20 Apr 2011
The employer was to make 530 members of its staff redundant. Each staff member was assessed and scored. The claimants said that the method of selection was unfair, and sought disclosure of the scores of all employees. Held: It was wrong to order discovery of the forms of employees who had not been selected for … Continue reading British Aerospace plc v Green and Others: CA 18 Apr 1995
The defendant tenant had been delayed for over five years by the claimant in buying his council house. He stopped paying rent in protest, and the council brought possession proceedings. He then paid his rent and continued in his counterclaim to . .
Appeal against sentence for contempt – breach of an order made by the court under sections 153A and 153C of the Housing Act 1996. . .
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