Tag Archive for 'public function'

Lord Neuberger on housing law

By NL on 01/12/2009. 5 Comments

The UKSC – an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court – has a interesting post on Lord Neuberger’s keynote to the SHLA conference. I wonder how the SHLA audience reacted to his observations that Weaver “leaves us with the position that RSLs are likely to be open to HRA challenges when they terminate tenancies.”

Also of note, Lord Neuberger observes:

that the decision of the Court of Human Rights in Cosic v Croatia appears to be inconsistent with the most recent House of Lords authority, Doherty v Birmingham City Council [2008] UKHL 57

… Read the full post

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

Weaver – the reason for refusal

By NL on 09/11/2009. 0 Comments

Following on from our note on the refusal of permission by the Supreme Court for Weaver v L&Q, we have now seen a copy of the Order. Lords Hope and Brown and Lady Hale refused permission to appeal on the ground that

“the application did not raise an arguable point of law of general public importance which ought to be considered by the Supreme Court at this time.”

Now, where to put the emphasis in that sentence? For me, I’d have thought that the ‘general public importance’ was a given, so the weight is on no ‘arguable point of law’.… Read the full post

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

Yeah, of course I'll call

By NL on 29/10/2009. 0 Comments

It’s a bit like one of those nights that just, you know, didn’t work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive.

The Government has released its response [link to PDF] to the Parliamentary Joint Committee on Human Rights report of 2007. Yes, 2007. The report that was released prior to the Lords judgment in YL v Birmingham City Council and the changed law in respect of care homes providing Local Authority contracted services in Health and Social Care Act 2008.

So, the Government notes the concerns that the Courts’ approach to what constitutes a public function for the purposes of … Read the full post

Posted in 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: , , , , , , .

Just a quickie

By NL on 24/02/2009. 0 Comments

The Court of Appeal are in the middle of hearing the appeal in R(Weaver) v L&Q – yesterday and today, (Housing Associations as public bodies for JR/HRA purposes). As ever, news on the judgment will be posted as soon as we have it.… Read the full post

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

Weaver un-appealed?

By NL on 11/09/2008. 27 Comments

[Edit 16/09: We now have contrary information, also 'authoritative' in source, also unconfirmed, that the appeal is going ahead. So, until we have further info, your guess is as good as ours.]

Thanks to Ethan at ‘That Snail..’ for passing on unconfirmed news (aka a rumour) that London & Quadrant have decided not to appeal R(Weaver) v L&Q, which, lest anyone forget, was the landmark decision on RSLs being public bodies in their housing function for the purposes of judicial review.

If true, this is a surprise, to put it mildly. Does anyone have confirmation?… Read the full post

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