More results...

Generic selectors
Exact matches only
Search in title
Search in content
Post Type Selectors
Filter by Categories
Allocation
ASB
Assured Shorthold tenancy
assured-tenancy
Benefits and care
Deposits
Disrepair
Homeless
Housing Conditions
Housing law - All
Introductory and Demoted tenancies
Leasehold and shared ownership
Licences and occupiers
Mortgage possession
Nuisance
Possession
Regulation and planning
right-to-buy
secure-tenancy
Succession
Trusts and Estoppel
Unlawful eviction and harassment

Homelessness and Ex Parte Injunctions – a warning

16/10/2007

Mr Justice Munby has issued a stern statement on the use and abuse of ex-parte injunction applications to the Administrative Court in R (Lawer) v Restormel Borough Council [2007] EWHC 2299 (Admin).

Covering failure to use the Pre-Action Protocol, non-disclosure of material evidence, unexplained delay and requests for unreasonable periods of notice for application for discharge (48 hours, in this case) in draft Orders, the Judgment marks the Admin Court getting distinctly annoyed at what are scathingly described as ‘prevailing professional approaches’ in both the Family and Administrative Courts.

Share on Bluesky

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Bluesky. (No longer on Twitter). Known as NL round these parts.

0 Comments

Leave a Reply (We can't offer advice on individual issues)

This site uses Akismet to reduce spam. Learn how your comment data is processed.