Recent successes and achievements
L (a child), Re [2007] EWCA Civ 196 (13 March 2007)
Although a special guardianship order gave parental responsibility which could take precedence over that belonging to a parent, and was more powerful than that given by a residence order, special guardians are not free from judicial oversight. It was held that a judge had correctly made orders in the best interests of the child with regard to their surname, supervised contact and indirect contact with the father at the same time as making a special guardianship order in favour of the child's grandparents.
Rehman v Benfield [2006] EWCA Civ 1392 (26 October 2006)
In this case, a claim for adverse possession failed because the squatter had acknowledged the owner's title within the relevant 12-year period, in the form of a sham lease.
Coaten v PBS Corporation [2006] EWHC 1781 (Ch) (18 July 2006)
Held, that the occupant of a flat had an option to purchase the lease of a flat upon the death of the owner of the company which owned the flat.
Ghaidan v. Godin-Mendoza [2004] UKHL 30 (21 June 2004)
Oliver Fisher represented Mr Godin Mendoza through the County Court, Court of Appeal and House of Lords in this decision which broke new grounds in giving rights to Gay couples which previously they had never enjoyed. Not only important in a property law context this decision was also one of the most important recent decisions on the Human Rights Act and in particular s.3 of that Act in relation to statutory construction.
Zardasht, R (on the application of) v Secretary of State for Home Department [2004] EWHC 91 (Admin) (23 January 2004)
This case found that an asylum seeker's evidence was not sufficient to show that the lack of state support involved inhuman or degrading treatment within the ECHR, on the basis that his condition was similar to that described in Pretty v UK [2002] FCR 97, such that the Home Secretary had misdirected himself in law as to the evidence required in support of such a claim and the level of destitution that was necessary to attract support.
Orejudos v Royal Borough of Kensington & Chelsea [2003] EWCA Civ 1967 (22 October 2003)
The court held that the imposition of a condition that a homeless person living in a hotel must inform the housing authority if he was not going to be at the hotel every night could be lawfully imposed.
Hijazi v Kensington & Chelsea Royal London Borough Council (2003)
Held, that a local housing authority could conclude that a claimant had made himself intentionally homeless through non-payment of rent, which led to his eviction.
Francis v Royal Borough of Kensington & Chelsea (2003)
The court found that the country court should apply the relevant principles on judicial review applications, on an appeal under s.204A Housing Act 1996.
B Osborn & Co Ltd v Dior [2003] EWCA Civ 281 (22 January 2003)
Held, that erroneous notices which had been completed by agents of the landlords, served pursuant to s.20 Housing Act 1988, remained valid.
Antonio Mendoza v Ahmad Raja Ghaidan [2002] EWCA Civ 1533 (5 November 2002)
Oliver Fisher represented Mr Godin Mendoza through the County Court, Court of Appeal and House of Lords in this decision which broke new grounds in giving rights to Gay couples which previously they had never enjoyed. Not only important in a property law context this decision was also one of the most important recent decisions on the Human Rights Act and in particular s.3 of that Act in relation to statutory construction.
Oliver Fisher (a firm) v Legal Services Commission [2002] EWHC 1017 (Admin) (10th May, 2002)
Held that the LSC had unlawfully allocated costs due to a firm of solicitors regarding a client, to costs due to the same firm in respect of another client, followed by deferral in payment of the costs.
H v H (2002)
The court refused the recission of the decree nisi in an ancilliary relief case, in order to allow pension sharing under the Welfare Reform and Pensions Act 1999, as it was contrary to the intention of Parliament.
London Borough Of Ealing & Ors v Jan [2002] EWCA Civ 329 (7 February 2002)
It was held that the judge erred by stating his mistrust of the appellant and failing to disqualify himself from a subsequent rehearing of a committal application.
Uratemp Ventures Ltd v (1) John Collins (2) Mary Carrell
Landlord and tenant - housing
Cadogan Estates Ltd v Roderick Joseph McMahon (1999)
Landlord and tenant - insolvency
Laimond Properties Ltd v Al-Shakarchi (1998)
This concerned the question as to whether a new tenancy of alternative accomodation could be regarded as an assured tenancy, where the defendant contended that it was a protected tenancy.
Re K (Arrears of child maintenance) (1997)
This was an appeal against committal for imprisonment for the non-payment of child maintenance, in which the appellant argued that non-payment was due to lack of means rather than wilful refusal.
Gereis v Yagoub (1997)
This case considered whether the petitioner was entitled to a decree of nullity in respect of a void marriage.
Kensington & Chelsea London Borough Council v Simmonds (1996)
This case concerned the inability of a tenant to control an unruly teenage son who caused nuisance to neighbours, as the grounds for a possession order by the landlord against his mother, who was a secure tenant.
R v Kensington and Chelsea Royal London Borough Council, ex parte Grillo (1995)
The court found that councils are not under a duty to give reasons for insisting that accomodation offered to a housing applicant are suitable for their needs.