Reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 provides that if a reviewing officer on s.202 review considers: that there is deficiency or irregularity in the original [s.184] decision, or the manner in which it...
A Post-Doherty Appeal?
Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather...
Knowsley v White etc. in more detail
Knowsley HT v White, Honeyghan-Green v LB Islington & Porter v Shepherds Bush Housing Association [2008] UKHL 70 - for anyone who hasn't read it yet. There is lots to unpick here, so I'll go case by case. It is made easier by there being pretty much one...
Payments to return and Art 8.
AC, R (on the application of) v Birmingham City Council [2008] EWHC 3036 (Admin) was a judicial review which concerned funding for an illegal overstayer and her family under s.17 Children Act 1989, although it would also apply for s.20 funding. The Claimant...
Tis aw a muddle
A reminder, if one was needed, of the perils and pitfalls of constructive trust cases can be found in Elithorn v Poulter & Others [2008] EWCA Civ 1364 The problems in this case were not just the confused and confusing evidence (not only that of Dr...
On the naughty step
Please welcome to the naughty step the head of housing for Norwich City Council, Kristine Reeves, along with other council officers. Why? Some pernicious housing policy or dodgy choice based letting scheme? No. Ms Reeves took a rather more personal interest...
Tolerated trespassers in the House of Lords
For once we were well and truly beaten to the line in publicly announcing a judgment, and in this instance most deservedly so. At about 11 am at the Housing Law Conference Jan Luba QC announced the result of Knowsley HT v White, Honeyghan-Green v LB...
Housing Law Conference clash
So, the Housing Law conference is tomorrow, 10 December, and I suspect a swathe of the Nearly Legal contributors will be there. I will, anyway. Naturally this coincides precisely with the House of Lords handing down one of the more significant housing...
Avoiding s.20 duties to children?
I am strangely and unaccountably late with this one - I can only presume it was released late by Bailii and it was August anyway. But finally, here is R(M) v Barnet LBC [2008] EWHC 2354 (Admin), a judicial review on a decision to assist a 17 year old under...
Catch-up miscellany
Thanks, as ever, to Jan Luba and Nic Madge in Legal Action for putting out notes on cases, including those that don't make the reports. There were a few of those in December's Legal Action that are worth a mention - of course, all I have to go on is the LA...
Equality bill to tackle Malcolm judgment
From Usefully Employed (hat-tip) comes the news that the consultation on the Equality Bill proposes the introduction of indirect discrimination as a category, which would help with the horlicks that the Lords made of the 1995 Act in Malcolm v Lewisham: [the...
Sad News
We are saddened to be told of the untimely death of Bob Lawrence. Some of us knew him, some of us knew of him, but hadn't had the chance to meet him. As many readers of NL will know, Bob Lawrence was a special adviser at the DCLG and a driving force behind...