Tag Archive for 'judicial-review'

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RSLs support L&Q in Weaver appeal

By NL on 29/06/2009. 0 Comments

According to Inside Housing, not only is L&Q to seek permission to appeal the Court of Appeal decision to the Lords/Supreme Court (and no surprise there) but the G15 group of the largest RSLs in London are potentially backing them, including funding. To quote Inside Housing:

Steve Howlett, chief executive of Peabody Trust and chair of the G15, said: ‘The G15 will consider how we can support L&Q if it chooses to appeal.’

When asked if this meant contributing to a possible ‘appeal fund’, Mr Howlett replied: ‘Yes – that is something that has previously been discussed.’

Given the ludicrous position that the LSC adopted on funding the Court … Read the full post

Posted in assured-tenancy and Housing law - All. Tags: , , , , , .

RSL meet HRA, HRA meet RSL

By chief on 19/06/2009. 23 Comments

Well, well, well.  Or perhaps well, well, oh heck.  The Court of Appeal has handed down its judgment in R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587 and, by a majority, L&Q have lost.

It will be remembered that Mrs Weaver was a tenant of L&Q.  L&Q sought to evict her, relying on Ground 8.  She resisted this, claiming that she had a legitimate expectation that they would use Grounds 10 or 11 first and that the eviction engaged Article 8 of the European Convention of Human Rights.  The High Court rejected any suggestion of a legitimate expectation.  Because of the way that it was advanced … Read the full post

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

Weaver v L&Q Newsflash

By NL on 18/06/2009. 0 Comments

R(Weaver) v London & Quadrant [2009] EWCA Civ 587  is out (link to doc of the judgment thanks to Garden Court)

This was the Court of Appeal hearing of L&Q’s appeal of the High Court finding that it was a public authority in its housing function, subject to judicial review and the HRA.

Result – L&Q lost. They are indeed a public authority in their housing function.

But there is a lot in the detail – our full report to come.

So… House of Lords anyone?

[Edit. OK, one the one hand, the NL team are fighting over who gets to write up the detailed post, and on the other, … Read the full post

Posted in assured-tenancy, Housing law - All and Possession. Tags: , , , , , , .

Not interesting enough

By NL on 28/05/2009. 0 Comments

McKenzie, R (on the application of) v London Borough of Waltham Forest [2009] EWHC 1097 (Admin) was a Judicial Review initially brought on grounds that the local authority refused to provide the claimant with temporary accommodation following her notification by the hostel she was living in that she would not be able to remain once her baby was born. In fact she was served notice to quit for three months after her due date. The hostel accomodation meant sharing a bathroom with another, male, resident.

The claimant applied to the LA as homeless and was told she was not homeless. She then brought judicial review proceedings on the basis that … Read the full post

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

But I was getting Jobseekers…

By NL on 12/05/2009. 0 Comments

R (Prince) v Social Security Commissioners & SoS for the DWP & London Borough of Southwark (Interested parties)[2009] EWHC 1181 (Admin) concerns what can only be described as a bit of a chancer.

Mr Prince had claimed Jobseekers Allowance. He had also claimed Housing Benefit and Council Tax Benefit. He was found to have been in paid employment for 20 months while claiming JSA. The DWP told Southwark, who then found he had been overpaid £1000 HB etc.

Mr Prince attempted to appeal Southwark’s decision to the Social Security Tribunal who dismissed the appeal. The Social Security Commissioners refused leave to appeal and Mr P sought JR of that … Read the full post

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

Age Assessment and Medical Reports

By NL on 11/05/2009. 0 Comments

Apologies for not getting this one out on Friday or over the weekend. It was on my list, but, frankly, the details of this were off my usual turf and it took an hour or several to digest and fit in place. So, only a day or so late…

A v London Borough of Croydon [2009] EWHC 939 (Admin) is a significant case in a long and convoluted saga. The issue is age assessment of unaccompanied asylum seekers who are or claim to be children (USAC), thereby falling under s.20 Children Act so that the Local Authority has the full duty to them.

The specific issue is the status of … Read the full post

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

Outsourced temporary accommodation

By NL on 05/05/2009. 4 Comments

Many local authorities use private accommodation for temporary accommodation under Housing Act 1996 Part VII. This may be by an LA ALMO ‘managing agency’, on which more at another time, or by licence agreements with private agencies.

One of the latter came to grief in Birmingham in 2008 and the decision to abandon the agency agreement was the subject of judicial review proceedings in First Real Estates (UK) Limited v Birmingham City Council [2009] EWHC 817 (Admin).

First Real Estates (FRE) supplied temporary accommodation to Brimingham between 2005 and 2008. It was founded by Iftikhar Hussain, who had previously worked for Dyadal Property Link. Dyadal then became one of FRE’s … Read the full post

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