Denton -v- T H White Limited & Others [2014] EWCA Civ 906 4 July 2014
Further to the case of Groarke -v- Fontaine, the Court of Appeal have addressed this matter again and sought to give a definitive ruling on the issue in the case of Denton v T H White Limited and Others [2014] EWCA Civ 906. This case involved three appeals (all heard together) against refusal to grant sanctions by parties who had failed to comply with Court directions.
Groarke -v- Fontaine [2014] EWHC 1676 (QB), 22 May 2014
This case concerned a road traffic accident and the question of potential contributory negligence by the Claimant, the Defendant made a very late application (at the outset of the trial!) to amend his Defence.
Aster Communities Ltd -v- Akerman-Livingstone [2014] EWCA Civ 1081, 30 July 2014
In this case, the Court of Appeal has come up with an extremely negative decision in quashing an Equality Act defence raised by a tenant.
McDonald -v- McDonald [2014} EWCA Civ 1049 24 July 2014
Ms McDonald was an assured shorthold tenant of a private landlord. Eviction action was taken against her on the basis of the automatic ground for possession contained in Housing Act 1988 section 21. One of her grounds of defence was reliance on Article 8 of the European Convention on Human Rights ( the right to respect for private and family life and home). The question, in terms of this ground, for the Court of Appeal, was whether she could rely on this ground of defence in an action involving a private landlord.
R (O’Brien & Anr) -v- Bristol City Council (Secretary of State for Transport intervening) [2014] EWHC 2423 (Admin)
By Joe Markus of Garden Court North Chambers (who represented the O’Briens)
This case concerned the eviction of the O’Brien family from an unauthorised encampment off West Town Road under the Avonmouth Bridge, which carries the M5 motorway. The claim was issued in the High Court as a judicial review of the Council’s decision to seek possession due to the absence of legal aid for trespassers to defend possession proceedings brought against them.
R (Public Law Project) -v- The Secretary of State for Justice [2014] EWHC 2365 (Admin) 15 July 2014
The Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012 Part 1 Schedule 1 lists those areas of law that remain in scope for legal aid. The Lord Chancellor proposed by the LASPOA 2012 (Amendment of Schedule 1) Order 2104 (‘the Order’) to introduce a residence test. All those who failed the test would be removed from the scope of Part 1 Schedule 1.
Public Law Project (PLP) challenged the lawfulness of the Order. Moses J gave the leading judgment of a three judge court.
R (Public Law Project) -v- The Secretary of State for Justice [2014] EWHC 2365 (Admin) 15 July 2014
The Legal Aid, Sentencing and Punishment of Offenders Act (LASPOA) 2012 Part 1 Schedule 1 lists those areas of law that remain in scope for legal aid. The Lord Chancellor proposed by the LASPOA 2012 (Amendment of Schedule 1) Order 2104 (‘the Order’) to introduce a residence test. All those who failed the test would be removed from the scope of Part 1 Schedule 1.
Connors, Connors, Doran, Sines and Lee v Secretary of State for Communities and Local Government and others [2014] EWHC 2358 (Admin) 11 July 2014
This case involved 5 High Court planning appeals and applications under either Section 288 or Section 289 of the Town and Country Planning Act 1990 that were all heard together. All of these cases had been recovered by the SSCLG under his powers to do so and in line with the Written Ministerial Statements of 1st July 2013 and 17th January 2014.
Billy Smith -v- Secretary of State for Communities and Local Government and South Buckinghamshire District Council [2014] EWHC 935 (Admin) 1 April 2014
The Appellant in this case sought permission for a Gypsy site in the Green Belt. This was refused by the local authority and also by the Planning Inspector. He appealed against the Inspector’s decision.
Ball – v – Secretary of State for Communities and Local Government and Brentwood Borough Council [2014] EWCA Civ 372, 11 March 2014.
The Appellant was seeking planning permission for change of use of land to provide 6 residential Gypsy/Traveller pitches. This was refused by the local authority and he appealed to the Planning Inspector. Mr Pickles, the Constituency MP, put in a strong objection to the appeal.