Tag Archive for 'public funding'

Delays, stays and funding limitations

By NL on 02/10/2011. 4 Comments

Windsor and District Housing Association v Hewitt [2011] EWCA Civ 1096 (Not on Bailii or elsewhere. We’ve seen a transcript). It is of interest not least for the Court of Appeal’s view of the meaning of the funding limitations on a Public Funding Certificate.

This was an application to the Court of Appeal for a stay of eviction pending determination of an application for permission to appeal to the Supreme Court. The original Court of Appeal decision – Windsor and District Housing Association v Hewitt (2011) CA (Civ Div) 19/05/2011 – we reported on here. The issue was whether Ms H had obtained a transfer to a two bed … Read the full post

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

Legal Aid reforms – Housing

By NL on 15/11/2010. 23 Comments

The Ministry of Justice ‘consultation paper’ on reforms to legal aid to achieve a £350 million cut by 2013/4 is out. It is a hefty 224 odd pages. Responses are required by 14 February 2011

I’ve done what I can to fillet out its significance for housing and social welfare provision, cutting out the various justifications, excuses and statements of purpose. The following are the proposals on which consultation is to take place.

Scope:
Housing – to remain in scope are:

  • homelessness, at least at s.204 appeal (the document is silent on help at s.184 or s.202 stages).
  • possession claims (tenancy and mortgage)
  • disrepair counterclaims to possession claims
  • “serious housing

    • … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , .

Social Welfare contracts – not over yet

By NL on 17/10/2010. 2 Comments

While Family and Family and Housing roll on under the old contracts, SWL new contracts are due to start on 15 November.

However, there is another judicial review claim by an unsuccessful firm, Davies Gore Lomax of Leeds. The hearing is listed for 27 October.

The claim is apparently on the grounds that:

The point for having 10 upper tribunal appeal cases was irrational (the same argument advanced by CLP in their settled proceedings)

The points for having an approved intermediary for debt at the time of the bid were unfair when “the LSC said in its consultation response last summer that we did not need to have one … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , , .

Law Soc JR: Some details

By NL on 30/09/2010. 0 Comments

I have some details of the Law Society v Legal Services Commission judicial review judgment. Can’t reveal my source but they were close to the action. [edited 01/10/2010 - some corrections]

The JR was won on the issue of the significance given to panel memberships and the notification of that significance only. The wider argument on the equality duty and a failure to undertake a sufficient impact assessment wasn’t decided upon.

The LSC had raised delay as an issue, arguing that the publication of the criteria was the relevant point. The Court found that the proper date was the release of the results, but if that were wrong, they would … Read the full post

Posted in Various (non-housing). Tags: , .

Law Society v LSC newsflash

By NL on 30/09/2010. 1 Comment

Result out this afternoon. The Law Society won their JR of the Family tender process. No details yet – more as and when. But things are going to be very interesting.

Who bets on current contracts extended till April 2011 while Ken readies his axe?… Read the full post

Posted in Various (non-housing). Tags: , .

On the CLP judicial review…

By NL on 08/09/2010. 1 Comment

People may recall that the Community Law Partnership’s judicial review of the LSC was listed for an adjourned hearing on 8 September. We have had the following statement from CLP which is given as is. We’ve been asked to note that CLP will not be making any further comment. After reading the statement and between the lines, I’m not sure any further comment is needed…

COMMUNITY LAW PARTNERSHIP AWARDED SOCIAL WELFARE CONTRACT

On 21st July the Legal Services Commission (LSC) informed us that we had failed to obtain a Social Welfare Law (SWL) contract to start on 14th October 2010. Since SWL is all we do this would have meant … Read the full post

Posted in Housing law - All and Various (non-housing). Tags: , , .

LSC: goalposts aren’t moved, just very bendy

By NL on 01/09/2010. 7 Comments

Sorry. After a moment when it looked like we might get back to housing law, the LSC has interrupted again. And it is almost as if the LSC reads NL!

Following our post here on the LSC’s statement in version 2 of its FAQ for the verification exercise on ‘not being able to do the number of matter starts bid for’ and which amounted to “Oops, have you overbid? Come here, you silly, give us a hug and we’ll make it alright by dropping your requirements”, the LSC has been fiddling with its FAQs again.

The answer to Question 3.2 in version 6(!) of the FAQ, released today (1 … Read the full post

Posted in Various (non-housing). Tags: , , .
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