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All the blog posts, most recent first
More children and housing duties
AT & Ors v London Borough Of Islington [2013] EWCA Civ 1505 We are a bit late with this one, but while we are on the interrelation of duties to children and housing duties, this was an an application for permission to appeal a judicial review...
Children and Intentional Homelessness
Hurzat v Hounslow LBC (2013) CA (Civ Div) 21 November 2013 [Not on Bailii yet, Lawtel note] What is the relationship between Housing Act 1996 Part VII and Children Act 2004? Does the duty under s.11 Children Act to safeguard and promote the welfare...
Allocation, Allocation, Allocation
Leicester CC v Shearer is a rare example of a successful public law defence to a claim for possession. Mrs S was the wife of the late Mr Shearer, who was himself the successor tenant to the property that was the subject of the possession claim at...
Expensive choices
One of a couple of cases on intentional homelessness and affordability of accommodation. Noel & Anor v London Borough of Hillingdon (2103) CA (Civ Div) 21 November 2013 [Lawtel note, not on Bailii yet] [Update 11/12/13, now on bailii] N had...
Not home alone.
A quick note on a succesful bedroom tax First Tier Tribunal decision in Islington. Unfortunately there is no statement of reasons [Update 21/01/2014 - Statement of reasons and adviser submissions are here] and the decision notice, which I have...
Wrong to RTB
I see that the Master of the Rolls has just issued a practice direction in respect of (what appears to be) many tens (if not hundreds?) of negligence claims arising out of RTB sales (see here). Reading between the lines, a firm called Tandem Law...
A bit too unrestrained
Emery v Wandsworth LBC (2013) QBD 14 November 2013 [not reported elsewhere, note on Westlaw] This was an application by Ms E for permission to apply to discharge a Civil Restraint Order made against her in the High Court. Ms E had made an urgent...
More on JR and Costs
We have been blogging lately about costs in settled JRs and S.204 appeals (see here and here) and we can now report that the Admin Court Office has published guidance on costs following settlement of JR claims, which can be found in this link. The...
Get your excuses for your excuses in early
Poorsalehy v Wandsworth LBC (2013) QBD 07/11/2013 {note on Lawtel, not on Bailii yet] A cautionary tale, albeit one that was rather hard on Mr Poorsalehy. Mr P had applied to Wandsworth as homeless. His application was rejected by s.184 decision...
Sleepwalking into error
I've posted before about the vexed issue of s.81, Housing Act 1996 and default judgments (see here for the most recent county court case; note also the comments to that post which explain that Woodfall has changed its mind). Well, we now have...
I don’t want to go to… Lambeth
Can a refuge be a 'residence of own choice' for the purposes of Local Authority decisions about local connection in homeless applications? This is a rare Court of Appeal decision on the issue. In addition, can a Reg 8(2) 'minded to' letter...