Equality and Homeless Appeals

Adesotu v Lewisham London Borough Council (2019) EWCA Civ 1405 We first saw this case as a county court appeal (our note here) where the central issue was whether Equality Act 2010 issues could be raised and decided within a section 204 Housing Act 1996 homelessness appeal. HHJ Luba QC held that they could not, […]

Possession and the PSED

In Powell v Dacorum BC (2019) EWCA Civ 29 and Forward v Aldwyck Housing Group Ltd (2019) EWHC 24 (QB), the question of the effect of the public sector equality duty under s. 149, Equality Act 2010, on possession proceedings where there had been drugs problems at the property was in issue.  They were different cases in that, although […]

Tenure is not a medical matter

In Kannan v Newham LBC (2019) EWCA Civ 57, Lewison LJ once again (after Lomax – our note) has considered the effect of the public sector equality duty on a review, this time concerning suitability.  Mr Kannan and his household had lived in “temporary” accommodation for 2 1/2 years.  The flat was accessed by an external metal staircase […]

Alterations, disability and equality

Smailes & Poyner-Smailes v Clewer Court Residents Ltd, Cardiff County Court 30 January 2019 (Unreported but copy of judgment is here). Although only a County Court (Circuit Judge) decision, this is an interesting and potentially significant case on the application of Equality Act 2010 to leasehold covenants. Mr Smailes and Ms Poyner-Smailes bought a two […]

Equality Act and Evictions

Paragon Asra Housing Limited v James Neville [2018] EWCA Civ 1712 An appeal on the issue of whether disability discrimination should be considered afresh on an application for stay of warrant following breach of a suspended possession order. Mr N was Paragon’s assured tenant. Following possession proceedings on grounds of nuisance and harassment, defended on […]

Possession as a proportionate response

An appeal of a possession order, on grounds of disability discrimination and public law. Eales v Havering LBC (2018) QBD 13/07/2018 (extempore judgment, note on Lawtel) Ms E had a non-secure contractual tenancy from Havering. Havering had sought possession and an injunction banning Ms E from the property after what Ms E admitted were racially […]

Community contribution, priority stars and discrimination

XC, R (on the application of) v London Borough of Southwark [2017] EWHC 736 (Admin) This was a judicial review of Southwark’s allocation policy as it applied to transfers. Specifically, the issue was whether Southwark’s policy, in awarding ‘priority stars’ for ‘community contribution’ discriminated against women and the disabled. There is a substantial backstory to XC’s […]

With and without foundation – Bedroom tax in Supreme Court

MA & Ors, R (on the application of) v The Secretary of State for Work and Pensions [2016] UKSC 58 R (on the application of Carmichael and Rourke) (formerly known as MA and others) (Appellants) v Secretary of State for Work and Pensions (Respondent) R (on the application of Daly and others) (formerly known as […]

You’ve lost that loving Ealing. (Sorry)

H & Ors, R (On the Application Of) v Ealing London Borough Council [2016] EWHC 841 (Admin) Ealing’s allocation policy has already had lawfulness problems, compounded by Ealing’s unlawful refusal to do anything about that unlawfulness. But this judicial review of the policy was on a different basis and confirms a whole fresh ground of […]