Sentences with phrase «court possession claims»

Not exact matches

You may even be able to claim backdated housing benefit and it may be possible to seek a postponed possession order, which means you will not have to leave your home providing you pay a specified amount as ordered by the court.

Form FL - 1 — Statement of Claim for Divorce Form FL - 2 — Statement of Claim for Division of Matrimonial Property Form FL - 3 — Statement of Claim for Divorce and Division of Matrimonial Property Form FL - 4 — Statement of Defence Form FL - 5 — Counterclaim for Divorce Form FL - 6 — Counterclaim for Division of Matrimonial Property Form FL - 7 — Counterclaim for Divorce and Division of Matrimonial Property Form FL - 8 — Joint Statement of Claim for Divorce Form FL - 10 — FLA Claim Form FL - 11 — Response — Family Law Act Form FL - 12 — Certificate of Lawyer Form FL - 13 — Protection Order Questionnaire Form FL - 14 — Restraining Order Application Form FL - 15 — Notice to Produce an Affidavit of Records Form FL - 16 — Notice to Reply to Written Interrogatories Application Form FL - 17 — Notice to Disclose — Application Form FL - 18 — Family Application Form FL - 19 — Provisional Order Information Form FL - 20 — Notice of Confirmation Hearing Form FL - 21 — Request for Divorce (Without Oral Evidence) Form FL - 22 — Joint Request for Divorce (Without Oral Evidence) Form FL - 23 — Affidavit of Applicant Form FL - 24 — Affidavit of Applicants (Joint) Form FL - 25 — Divorce Judgment (without oral evidence) Form FL - 26 — DJ and Corollary Relief Order Form FL - 27 — Corollary Relief Order Form FL - 28 — Variation Order Form FL - 29 — Exclusive Possession Order Form FL - 30 — Restraining Order Without Notice Form FL - 31 — Restraining Order Form FL - 33 — Notice of Appeal — Provincial Court Order (Family Law Act) Form FL - 34 — Adult's Statement — Guardianship of Child Form FL - 35 — Child's Statement — Guardianship of Child Form FL - 36 — Statement — Terminate Guardianship Form FL - 37 — Statement — Review of Guardian's Significant Decision Form FL - 38 — Statement — Court Direction Form FL - 39 — Statement — Parenting Form FL - 40 — Statement — Parenting (Sole Guardian) Form FL - 45 — Statement — Child Support Form FL - 46 — Recipient's Statement — Vary Child Support Form FL - 47 — Payor's Statement — Vary Child Support Form FL - 48 — Statement — Spousal Partner Support Form FL - 49 — Recipient's Statement — Vary Spousal Partner Support Form FL - 50 — Payor's Statement — Vary Spousal Partner Support Form FL - 51 — Statement — Enforcement of Time With a Child Summary of Child Support Guideline Undue Hardship Claim

In Forcelux Ltd v Binnie [2009] EWCA Civ 854, [2009] All ER (D) 216 (Oct) the Court of Appeal held that the hearing of a landlord's possession claim against his tenant in a county court's undefended list was not a trial for CPR 39.3 purpCourt of Appeal held that the hearing of a landlord's possession claim against his tenant in a county court's undefended list was not a trial for CPR 39.3 purpcourt's undefended list was not a trial for CPR 39.3 purposes.

The Justices unanimously held that a court must give detailed consideration to a challenge to a landlord's claim for possession where it is brought by a disabled tenant under the Equality Act 2010, in Akerman - Livingstone v Aster Communities.

From the United Kingdom's Money Claim Online and Possession Claim Online, to Australia's eCourt to the seemingly defunct Subordinate Courts of Singapore's eAlternative Dispute Resolution (e@dr) project (the website is no longer online), ODR practices and processes are seeping into the... [more]

The City of Nelson in British Columbia has won its appeal of a British Columbia Court of Appeal decision that found in favour of a couple who had claimed title to a parcel of land under continuous adverse possession.

Research and briefing associate on a successful appeal in the U.S. Court of Appeals for the Tenth Circuit that affirmed judgment in favor of corporate timberland owner in an action involving claims of trespass by the landowner and claims of adverse possession made against that owner.

In claims brought under section 8, the Court has a discretion whether to award a possession order but also has the power to make an order requiring payment of any arrears outstanding, if appropriate, and also costs.

In the case of Best v Chief Land Registration [2015] EWCA Civ 17 (read our blog here) the Court of Appeal held that the fact that squatting is now a criminal offence did not prevent a claim for adverse possession of registered land.

The Court granted Attorney Johnson's Motion for Summary Judgment on his client's adverse possession claim.

Tamara has vast experience of all forms of Property law representing landlords and tenants as well as Lenders in proceedings ranging from standard possession claims to more complex issues of art 8 and unreasonableness, undue influence in mortgage fraud (Ertridge), Judicial Review and reasonableness of action on the part of social housing authorities, co-habitee and family resulting / constructive Trusts, injunctions and applications under s91 of the LPA 1925 to the High Court for orders for sale in mortgage possession proceedings.

Section 9 of HA 1998 confers wide discretion on courts dealing with possession claims, which is sufficient to permit adjournments of claims in appropriate circumstances.

In Raglan Housing Association Ltd v Fairclough [2007] EWCA Civ 1087, [2007] All ER (D) 16 (Nov) the Court of Appeal upheld the first instance decision that the landlord could, in claiming possession on the basis of ground 14 of Sch 2 to the Housing Act 1988 (HA 1988), rely on offences committed by the tenant in the locality of the dwelling - house even if though those offences occurred before the commencement of the tenancy.

By its decision in McDonald, the Court of Appeal has provided a degree of certainty as to the position of human rights arguments as defences to residential possession claims brought in the private sphere.

However, given that this issue remains to be examined by the Supreme Court or the Grand Chamber it is unlikely that defendants will stop raising human rights as a defence to possession claims in courts across the land.

Crichel Estates v. Metcalf, Southampton County Court [2006]--(claim by landlord for possession of a house let on a 20 year protected tenancy by virtue of the tenant's failure to repair)

The husband claimed ownership in the dog, and asked the court for an order specifying «possession time» for each party.

Step 5: Win at trial in front of a judge that somehow didn't get the memo that the Washington Supreme Court in Chaplin eliminated the need for Selby's to even make their adverse possession claim «in good faith under a claim of right»... certainly because the attorney didn't bother to raise this point... along I suspect with hiring a surveyor to testify as an expert witness.

In countering the respondents» claim for compensation, the appellant security services claimed that they had security sensitive material within their possession which they wished the court to consider in their defence but which could not be disclosed to the respondents.

Unfortunately, whilst these steps may be very useful in avoiding a long drawn out claim, they may well not result in a court making a possession order at the first hearing where the tenant may turn up and raise the allegations for the first time.

Naomi has established a broad practice over a number of years in the Civil Courts, regularly conducting claims in the County Court with particular emphasis on possession, disrepair, tenancy deposit disputes and anti-social behaviour.

The Act lists a variety of proceedings in respect of which there is no limitation period (section 16): proceedings for declarations; proceedings to enforce court orders and other orders that are enforceable in the same way as court orders; proceedings under the Family Law Act relating to support; proceedings to enforce arbitration awards; proceedings by persons in possession of collateral to redeem or realize on it; proceedings arising from sexual assault in certain circumstances; proceedings to recover fines, taxes and penalties owing to the Crown; proceedings relating to claims by the Crown (or by a delivery agent under social welfare legislation) in various circumstances; proceedings to recover money owing in respect of certain student loans, awards and grants.

In Allen v London Borough of Southwark [2008] EWCA Civ 1478, [2008] All ER (D) 113 (Nov) the Court of Appeal considered whether the bringing of five separate possession claims, each raising the same bad point, could amount to harassment under PHA 1997.

The court service in its annual report lauds the great success of money claims on line and possession claims on line.

One possibility, for instance, might be for a court administrator to check whether there has been compliance before a possession claim can be issued.

In the Court's view, there was no reason for the Trial Judge to depart from the compensatory rule as the claim was in negligence, the Respondent did not use the vehicle, and the Respondent derived no benefit from its wrongful possession.

With this in mind and to make up some of the shortfall the government now proposes increases in fees for possession claims and in interim applications to the court.

If our legal system was not so user unfriendly (other than small claims court) to would - be plaintiffs, I suspect that the true numbers of court cases launched by unhappy buyers after - the - fact of taking possession of their purchases would be much higher than 200 across Canada... per month.

In Nystrom v. First National Bank of Fresno, the Court of Appeal of California addressed a broker's claims for a commission on the sale of property which was in the possession of the bank.