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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...
Southern Pacific Mortgage Ltd v V [2015] EW Misc B42 (CC) (19 November 2015) This is county court case, but a very interesting one on the issue of disability discrimination in mortgage possession proceedings. Ms V had a £96,000 repayment mortgage from...
Hardy, R (on the application of) v Sandwell Metropolitan Borough Council [2015] EWHC 890 Oh, we have been waiting for this one. According to DWP survey evidence, some 75% of Councils take Disability Living Allowance into account as income when deciding on an...
Akerman-Livingstone v Aster Communities Ltd [2015] UKSC 15 When the Court of Appeal held that a disability discrimination defence to possession under Equality Act 2010 had to face the same 'seriously arguable' summary test as an Article 8 defence, we were...
Aster Communities Ltd (formerly Flourish homes Ltd) v Akerman-Livingstone [2014] EWCA Civ 1081 (30 July 2014) is an extraordinary decision that will – if allowed to stand – have a significant impact on the day-to-day management of possession claims in the...
A post on a County Court case, one well worth looking at for the application of public law principles, the Equality Act and reasonableness. I'm working from a note of judgment, so any quotes should be taken as being from a note, rather than a transcript....
Rutherford & Ors v Secretary of State for Work And Pensions [2014] EWHC 1613 (Admin) This was the judicial review, supported by CPAG, of the failure of the bedroom tax regulations to address the position of tenants where a bedroom was needed for...
Obrey v Secretary of State for Work and Pensions [2013] EWCA Civ 1584 concerns an appeal against an Upper Tribunal (Administrative Appeals Chamber) decision which set aside the findings of the First-tier Tribunal (Social Security and Child Support) that Reg....
A proper note to follow, but there has been a significant First Tier Tribunal appeal in a bedroom tax related case in Hereford. The decision is here (and also on the FTT decision page in the menu above). This is an LHA decision, not on the bedroom tax. While...
You may well have seen or heard press stories on a First Tier tribunal bedroom tax appeal decision in Redcar and Cleveland. There has been a lot of excitable comment about it representing a 'landmark appeal' and 'hope for 440,000 disabled'. Even the tenant's...
As First Tier Tribunal bedroom tax decisions go, this one is a corker. Glasgow FTT has decided that the Regulations as applied to a severely disabled woman who could not share a bedroom with her partner amounted to an unjustified breach of Article 14, read...
Another bedroom tax judicial review has just been issued. CPAG are acting in a judicial review by Paul and Susan Rutherford. Their grandson, Warren, suffers from grave cognitive and physical disabilities and requires 24 hour care by at least two people at...