The DWP has issued guidance to decision-makers on benefit entitlement in the wake of Ibrahim and Teixeira (our report here) in the European Court, for when there is a likely Article 12 Regulation (EEC) No 1612/68 derived right for a child or...
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Homelessness and Allocation – unlawfully restricting reasonable preference
Khayyat & Anor v Westminster City Council (2023) EWHC 30 (Admin) A judicial review by two claimants of Westminster's allocation policy and its restriction of entry to the housing register to only homeless applicants to whom Westminster had...
Selection box
Brief notes on an assortment of cases. Kensington & Chelsea RLBC v Airbnb Payments Ltd (2022) EWHC 2209 (Ch) - not on Bailii Kensington sought a Norwich Pharmacal order against Airbnb Payments Ltd to require disclosure of whether there were...
Homelessness – renewed applications and overlooked facts
Ibrahim, R (On the Application Of) v Westminster City Council (2021) EWHC 2616 (Admin) This was a judicial review of Westminster's refusal to accept a third homelessness application from Ms Ibrahim, following a review decision upholding a decision...
Too soon? Asserting a tenancy should not have been dismissed at interim injunction
Ibrahim v London Borough of Haringey & Anor (2021) EWHC 731 (QB) Something of an oddity, and I'm not going to comment on the substantive claim, which will now likely proceed to trial, but this was an appeal from a County Court judgment on an...
Service charges, costs and the FTT(PC)
Service charge disputes in the FTT(PC)/LVT are generally regarded as a "no" or "low" costs proceedings. The Tribunals have very limited powers to award costs. In general terms, the FTT(PC) can award unlimited sums in respect of either wasted costs...
I don’t like reg.8, no no… I love it
Mohamoud v Birmingham CC [2014] EWCA Civ 227 As all of our readers doubtless know, the way that decision making in homelessness cases works is something like this: a first decision is made by someone on behalf of a local housing authority; if that...
When a deficiency makes no difference.
Ibrahim v London Borough of Wandsworth [2013] EWCA Civ 20 The question for the Court of Appeal in this second appeal from a homeless appeal, was "How should the courts deal with a plainly deficient homelessness decision when the deficiency has had...
Disputed facts, s.204 appeals and Article 6 to the ECtHR?
You may recall Ms Ali of Ali & Ibrahim v Birmingham CC (heard in the Supreme Court as Tomlinson & Ors v Birmingham City Council [2010] UKSC 8 (our report here) The issue in Ms Ali's case was a dispute of fact about whether an offer of...
Deja Vu All Over Again
Konodyba v Royal Borough of Kensington and Chelsea [2012] EWCA Civ 982 This was an appeal against a decision that a homelessness applicant was not eligible for assistance. It’s been on my blogging to-do list since July, for which I can only...
Housing eligibility via a child?
Not sure how this one didn't make it on to the blog before... Back in March 2011, the Court of Justice of the European Union gave judgment in Zambrano (C-34/09) [For a report on that judgment, see Free Movement, here] The upshot of Zambrano was...
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Khazai & Ors, R (on the application of) v Birmingham City Council [2010] EWHC 2576 (Admin) We've been waiting for this one. Mutterings about the 'Birmingham email case' have been around for a bit. This is a judicial review which is something of a...