Tag Archive for 'interim accommodation'

Stick or Twist

By J on 18/04/2012. 1 Comment

R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals.

MD was an asylum seeker. The Secretary of State rejected his application, as did the Asylum and Immigration Tribunal and the High Court. Some 10 days before he was due to be deported, his solicitors submitted a considerable amount of fresh material and sought to bring a new claim for asylum. The Secretary of State refused to accept the new claim and JR proceedings were issued (on the day set for his deportation).

Sales … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , .

Just one small but crucial fact..

By NL on 23/10/2011. 3 Comments

Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the applicant gets things right. We noted some stern words on failure to follow protocol and failure to disclose material facts from Munby J here.

A further warning on the nature and extent of disclosure of material facts comes  in R (On the application of Konodyba) v Royal Borough of Kensington and Chelsea [2011] EWHC 2653 (Admin [Not on Bailii]. The case also involves the jurisdiction … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , .

Birmingham Council Gatekeeping, with benefit of transcript

By NL on 22/12/2009. 13 Comments

Kelly & Mehari v Birmingham CC [2009] EWHC 3240 (Admin) [Not on Bailii yet, available on Lawtel]

Following our note here (and the very helpful comment to it) we’ve got the transcript of the judgment. (In fact I’ve had it for a few days, but it has been hell out there, hell I tell you. And that was just the commute.)

This was a hearing of two joined Judicial Reviews (at the new Birmingham High Court) of Birmingham’s treatment of homeless applicants and provision of interim accommodation under s.188(1) Housing Act 1996.

The Claimants argued that Birmingham had a policy or a procedure designed to avoid their duty under s.188 … Read the full post

Posted in Homeless and Housing law - All. Tags: .

Interim Accommodation and Judicial Review

By NL on 28/05/2008. 0 Comments

Lusamba, R (on the application of) v London Borough of Islington [2008] EWHC 1149 (Admin) concerned a judicial review application on failure to decide on provision of interim accommodation pending review of a negative s.184 HA 1996 decision. It raises interesting procedural issues and a few issues on dependency of family members for priority need.

The application for judicial review on grounds of failure to make a timely decision on interim accommodation was made on 10 April 2008, after a review request on 4 April 2008.  On 15 April 2008 at oral hearing, which islington missed as they had not been notified by the court, permission was granted and temporary … Read the full post

Posted in FLW case note, Homeless and Housing law - All. Tags: , , , .
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