Jonathan Pennington Legh discusses the Court of Appeal case of Gibbs v Lakeside Developments [2018] EWCA Civ 2874 This second appeal concerned the narrow question: “If a possession order was liable to be set aside for non-service of the proceedings, can the tenant recover the proceeds of sale of the property on the basis of […]
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Sarah McKeown considers the decision of the Court of Appeal in Powell v Dacroum Borough Council [2019] EWCA Civ 23. The Court of Appeal dismissed an appeal against a refusal to suspend a warrant for possession as there had been no breach of the public sector equality duty, but even if there had been it […]
Field Court Chambers is delighted to announce that Richard Harris and Matthew Stott have all been appointed as fee-paid Judges of the First-tier Tribunal. Richard has been assigned to the Health, Education and Social Care Chamber, and Matthew has been assigned to the Social Entitlement Chamber. Their practices in family law will continue as usual.
Clare Cullen considers the decision of the High Court in Forward v Aldwyck Housing Group Limited [2019] EWHC 24 (QB). The High Court dismissed an appeal against a possession order notwithstanding a breach of the public sector equality act duty. Public Sector Equality Act duty (‘PSED’) The PSED under section 149, Equality Act 2010 requires […]
We are very sorry to announce the death of Paul Randolph on Tuesday, 8 January 2019. John Critchley, Head of Chambers, said: “Paul was a great star in the mediation world and was known nationally and internationally for his distinctive approach to mediation and mediation training. He had a tireless commitment to alternative dispute […]
Emma Godfrey reviews the decision of the Court of Appeal in Alibkhiet v London Borough of Brent; Adam v City of Westminster [2018] EWCA Civ 2742 which considers the use of out-of-borough placements in discharge of the main housing duty under s.193 Housing Act 1996. In both cases the local authority had accepted a s.193 […]
Alistair Cantor considers the decision of the European Court of Human Rights in FJM v United Kingdom, App No 76202/16 which conclusively rules out the employment of Article 8 defences in possession proceedings between private individuals The facts FJM was a vulnerable individual suffering from mental health disorders. She became the assured shorthold tenant of […]
Field Court Chambers is delighted to announce that Max Thorowgood has been appointed as a fee-paid Judge of the Residential Property Tribunal and has been assigned to the Eastern Region. This appointment means that Max currently sits part-time as a Judge of both the Land Registration and the Residential Property Divisions of First-Tier Tribunal, Property […]
Sarah Salmon considers Mr Justice Harry Carr’s “lessons for the future” in the recent case of Network Homes Ltd v Harlow [2018] EWHC 3120 (Ch). As the Government focus on litigation with their “call for evidence” in “Considering the case for a Housing Court” (here), one thing that is often overlooked in housing cases is […]
Stephen is a highly regarded Barrister who was called to the Scottish Bar in 2002 and made silk in 2017. Having been called to the Bar of England and Wales in 2018, he brings with him a wealth of experience in complex and high value commercial and administrative law cases as well as experience in planning, […]