Niema Abdusemed v Lambeth LBC (2016) QBD (Admin) (Ouseley J) 19/02/2016 (Not on Bailli yet. On lawtel as note of extempore judgment). An application for interim relief in a judicial review of Lambeth's refusal to provide interim accommodation pending review...
Discretion, lip service and s188(3)
Barrett, R (On the Application Of) v City of Westminster Council [2015] EWHC 2515 (Admin) We're very late with this one for reasons which are no doubt entirely reasonable, but currently escape me. A judicial review of a refusal (or repeated refusal) to...
Care orders and accommodation pending appeal
Our post on Nzolameso v City of Westminster [2015] UKSC 22 is here, but behind the headlines of the judgment (and it is a good judgment) is a whole history, even between the Court of Appeal and Supreme Court hearings. R(N) v Westminster City Council [2015]...
Not pending this appeal
Zak Johnson v City of Westminster [2013] EWCA Civ 773 [Not on bailii yet, transcript on Lawtel] When bringing a second appeal to the Court of Appeal from a section 204 Housing Act 1996 appeal to the County Court, what is the applicant's route to challenge a...
Residing together, apart.
Sharif v The London Borough of Camden [2013] UKSC 10 Does accommodation available for occupation by a person and those reasonably expected to reside with them have to be in one unit of accommodation? In this case, the Court of Appeal had said yes (our report...
Injunctions for accommodation, judicial review and prospects of success
This is case that highlights the benchmark for seeking an injunction for accommodation on a judicial review claim R (on the application of Bates) v Barking & Dagenham LBC (2012) QBD (Admin) 17 August 2012 [Note of extempore judgment on Lawtel] Ms B had...
Suitability. On expired beds and shared bathrooms
Just how bad and inappropriate does temporary accommodation have to be to be unsuitable? There is an interesting post by David Thomas on the Anthony Gold 'Housing and Public Law' blog about a settled Judicial Review that highlights this issue. The challenge...
Stick or Twist
R (MD)(Afghanistan) v Secretary of State [2012] EWCA Civ 194 is an immigration case but merits wider attention because of what it has to say about the interplay between renewing a judicial review claim and appeals. MD was an asylum seeker. The Secretary of...
Just one small but crucial fact..
Tricky things, ex parte interim injunctions. Dealt with on the papers, or possibly by a phone hearing with a duty Judge, there is little time for detail and, obviously, no argument from the other side. Which makes it all the more important that the applicant...
Birmingham Council Gatekeeping, with benefit of transcript
Kelly & Mehari v Birmingham CC [2009] EWHC 3240 (Admin) [Not on Bailii yet, available on Lawtel] Following our note here (and the very helpful comment to it) we've got the transcript of the judgment. (In fact I've had it for a few days, but it has been hell...
Interim Accommodation and Judicial Review
Lusamba, R (on the application of) v London Borough of Islington [2008] EWHC 1149 (Admin) concerned a judicial review application on failure to decide on provision of interim accommodation pending review of a negative s.184 HA 1996 decision. It raises...