Tag Archive for 'judicial-review'

Outside the Boxall

By NL on 15/05/2012. 0 Comments

This is an important case on costs on settled Judicial Reviews. Following on Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895 [Our report] and Lord Jackson’s view on JR costs, the Court of Appeal in M v London Borough of Croydon [2012] EWCA Civ 595 has given general guidance for awarding costs. The principles should also apply to the equally troublesome area of costs in settled s.204 Housing Act 1996 Homeless appeals.

The actual judicial review that gave rise to this hearing was an age assessment case which was conceded by the Local Authority … Read the full post

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

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: , .

Costs on settled appeals

By NL on 02/04/2012. 0 Comments

A quick note on a useful case on costs where an appeal has been settled. Harripaul v London Borough of Lewisham [2012] EWCA Civ 266 was an appeal to the Court of Appeal from a failed S.204 appeal to the County Court on a homeless matter.

The appeal was given permission, and Rimer LJ

expressed the view that the appellant had a real prospect of showing that the reviewing officer’s decision was materially deficient and that the judge’s upholding of it reflected unjustified benevolence. I regarded the appeal as having merit and I also considered that it would give this court the opportunity to give any necessary guidance as to

… 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: , , .

Never Mind the Boxall

By NL on 31/07/2011. 0 Comments

Bahta & Ors, R (on the application of) v Secretary of State for the Home Department & Ors [2011] EWCA Civ 895

This is not a housing case, but it is an important case on costs in settled claims for judicial review, which is a major issue for many housing practitioners.

The Court of Appeal considered five joined appeals in immigration judicial review claims all on the issue of costs following consent orders. In each case, no order as to costs was made. The issue was whether a) the Judges had correctly interpreted R (Boxall) v Waltham Forest LBC 21 December 2000 (2001) 4 CCL Rep 258 and b) whether … Read the full post

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

Judicial review costs redux

By NL on 17/05/2011. 2 Comments

We’ve seen reports of a case called R (Ambrose) v City of Westminster (Admin Court 13 May 2011. Not on Bailii or reported elsewhere so far). It was a judicial review of a refusal to provide interim accommodation pending review. Westminster had apparently decided that because they had arranged housing in Hackney, it was for Hackney to carry out an assessment under s.17 Children Act 1989, rather than refer the applicant and child to its own social services department, although the child remained in school in Westminster.

An interim order to provide accommodation pending judicial review was obtained and unsuccessfully challenged by Westminster. Westminster eventually carried out a Children Act … Read the full post

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

I’ll get the lights…

By NL on 29/03/2011. 3 Comments

Feeling cheerful? Good, we’ll soon change that. Whether Claimant or Defendant on disrepair, judicial review or other CFA funded claims, the world is about to shift on its axis somewhat, and both sides are going to have to rethink their positions and tactics.

The Government’s response to the consultation on reforms to civil litigation and costs (the Jackson reforms) has now been released.

The full response can be downloaded here [pdf] and the associated impact assessment is here [pdf]

The press release is here.

In short, the Government intends to go ahead with its original proposals. Expect legislation soonish.

From the perspective of housing practitioners, some things are not … Read the full post

Posted in Disrepair and Housing law - All. Tags: , , , .
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