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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 application...
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 guidance...
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 and the...
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 another (minor)...
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 requirement be...
I've just been reading Ahmed and others v Mahmood and others [2013] EWHC 3176 (QB) (Lawtel only I think) and I'm totally confused. If anyone who was in the case can help, I'd be very grateful. The defendants lived in a property owned by the claimants. The...
P v Ealing Borough Council (2013) CA Civ Div 05/11/2013 [Not on Bailii yet. Note on Lawtel] This was Ealing's appeal from a s.204 appeal brought by Ms P. At the s.204 appeal, the Circuit Judge had varied Ealing's review decision that Ms P was intentionally...
A prosecution under s.144 LASPO that came unstuck* R v D Duputell 31 October 2013 Hove Trial Centre [Newspaper report] This was the retrial of Mr Duputell after his earlier trial on charges of breach of s.144 LASPO together with two other co-defendants...
This is a brief note on a recent High Court appeal dealing with the issue of costs on withdrawn s.204 appeals (Unichi v LB Southwark 16/10/13-from a Lawtel summary, not on Bailii). The Local Authority discharged its duty towards Ms U under s.193(6)(b) of the...
We all know that the bedroom tax has created huge problems for both tenants, desperately trying and often failing to find the additional 14% or 25% of rent, and for social landlords, watching arrears spiral rapidly upwards. But I don't think there is...
The DWP issued a bedroom tax related circular on 30 October 2013. HB U7/2013. The full text is below. Removal of the spare room subsidy – First tier Tribunal decisions Background 1. Generally local authorities (LAs) initiate appeals to the Upper Tribunal...
Or, 'It wasn't me, it was the bailiff'. Choudhury v Garcia [2013] EWHC 3283 (QB) (June 2013) [Not on Bailii. We have transcript] A rather unusual unlawful eviction case, this, involving as it does breaches of Court of Appeal stays of warrant, and High Court...