Each had a wooden horse

R (A) v Croydon & R (M) v Lambeth UKSC [2009] 8 This was an appeal heard by the House of Lords over the course of four days in July, but with judgment delivered by the new Supreme Court.  We reported the Court of Appeal’s judgment here.  At issue was to what extent the courts could […]

Child in Need, Indeed

The Supreme Court has handed down judgment in the case of R (A) v Croydon and R (M) v Lambeth [2009] UKSC 8.  This is an important decision about the duty of LAs under s.20(1) of the Children Act 1989 to “provide accommodation for any child in need within their area”.  We will look at […]

Long on principle, short on detail

S (A Child), R (on the application of) v Plymouth City Council [2009] EWHC 1499 (Admin) Not sure how we missed this one and thanks to the Legal Action housing updates for the elbow to the ribs. This was a permission hearing on an application for judicial review of Plymouth Council’s handling of a child […]

A disgraceful situation and an excellent answer

R (A) v Leicester City Council and the London Borough of Hillingdon [2009] EWHC 2351 (Admin) (only on Lawtel) is an attempt to answer the “interesting question” posed by the Court of Appeal in R (Liverpool CC) v LB Hillingdon and AK (interested party) [2009] EWCA Civ 1702 (noted by us here), namely, whether more […]

Gordon Brown – the new Gladstone?

As we all know, William Gladstone walked the streets of London, even while Prime Minister (1868–74, 1880–85, 1886 and 1892–94), seeking out fallen women to rescue, whether they wanted to be rescued or not. What Gladstone did when he accosted a prostitute was to offer her a place to sleep, protection from any bully or […]

Deep (Equality) Impact

R (Domb) v Hammersmith and Fulham [2009] EWCA Civ 941 This is somewhat off our usual turf here at Nearly Legal, but should be of interest to anyone involved in public law challenges. This case involved a challenge to a decision by Hammersmith and Fulham to start charging (or more accurately, recommence charging) for home […]

Not on its behalf…

S, R (on the application of) v A Social Security Commissioner & Ors [2009] EWHC 2221 (Admin) This was an application for Judicial Review of a decision of the Social Security Commissioner refusing leave to appeal a decision of the Social Security Appeal Tribunal. What was at issue was the calculation of awards of housing […]

HLPA Conference

The Housing Law Practitioners Association (“HLPA”) host their annual conference on December 15, 2009 at the Royal College of Surgeons, London. Details have just been released (with more to follow later in September) and can be found at www.profbriefings.co.uk/hlc2009. Highlights include: (a) Richard Drabble QC giving the key note speech. Richard has had a very […]

He can look after himself

R (Shoaib) v LB Newham [2009] All ER (D) 198 (Jun) [only available as an All ER note as yet] was a Judicial Review of a decision to terminate s.21 National Assistance Act support to Mr Shoaib. Mr Shoaib had claimed asylum in 2004. His claim had been rejected in 2006 and with it NASS […]

Child 'requires accommodation'

R (G) v Southwark [2009] UKHL 26 was the appeal to the House of Lords of this Court of Appeal judgment. At issue was whether Southwark could effectively avoid its s.20 Children Act duty to accommodate a homeless child by referral to the Housing Department by way of application under Part VII Housing Act 1996. […]