Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don’t make the reports. There were a few of those in December’s Legal Action that are worth a mention – of course, all I have to go on is the LA note. (Hint – anyone sending a report to Legal Action could also think about sending one here, or you could send a report here even if you don’t intend to send it to Legal Action. Full credit given – in a larger type size than LA, at that. Not that there is any rivalry intended, heaven forfend, we … Read the full post
Tag Archive for 'appeal'
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Simms v London Borough of Islington [2008] EWCA Civ 1083 is Court of Appeal case from a s.204 appeal.
The issue was vulnerability, the Pereira test, and the use of medical evidence.
Mr Simms was homeless,sleeping in his car, having lost his home after losing his job. He had an addiction to crack, asthma and suffered from depression and panic attacks. He applied to Islington as homeless, with support from Addaction Hackney, which pointed out the dangers of homelessness for his progress in drug treatment. His doctor first reported moderate depression and drug use.
At s.184 Islington found not vulnerable, following the recommendation of their medical advisor, who had not … Read the full post
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