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Bloomsburry Family law

Wills, Trusts & Probate

C v Lewisham LBC [2003] EWCA Civ 927

Housing - Judicial Review - Council decision that applicant was intentionally homeless - Applicant failed to apply for review of decision within 21 day period - Applicant later applied for extension of time - Medical evidence that applicant’s mental state was such that she could not look after own affairs - Extension of time refused - Application for judicial review - Council decision to refuse to extend time not irrational or perverse - Council entitled to take into account prospects of success on review - Applicant not entitled to make repeated applications for extensions of time - Statute envisaged only one application to extend time for review after 21 day period expired - Housing Act 1996, ss 191, 202(3)

Harrison (Executrix of Michael Rutland Dec’d) v Tucker (Executor of Henry Rutland Dec’d) [2003] EWHC 1168 (Ch)

Contingent gifts - Contingency age - Vested gifts - Gift carrying intermediate income - Will contained direction that trustees may in their discretion apply intermediate income but only during fixed period of years from commencement of trust - Gift under will trust was not vested as it was contingent gift rather than present gift with postponed payment

Knowsley Housing Trust v Revell; Helena Housing Ltd v Curtis [2003] EWCA Civ 496

Housing - Possession proceedings - Notice - Local authority as landlord began possession proceedings against tenants as secure tenants after serving notices under Housing Act 1985, s 83 - Housing stock transferred to registered social landlord which continued proceedings - Court could not dispense with notice under Housing Act 1988, s 8(1)(b) without considering facts of each case