Nur & Anor, R (On the Application Of) v Birmingham City Council (2020) EWHC 3526 (Admin) This was (part of) a judicial review of Birmingham's implementation of its own allocation scheme. But before we get into the detail, we have to note at the start (as...
Brief assorted case notes
Bromford Housing Association Ltd v Nightingale (2020) EWHC 2648 (QB) An application for relief from sanctions by the defendant to file a late witness statement by a homeless officer in a possession claim was rightly refused by the first instance judge as the...
Where to go?
If, in a judicial review application, you have been refused on an application for interim relief on the papers, where you you go to challenge that decision? Nolson, R (on the application of) v Stevenage Borough Council (2020) EWCA Civ 379 This was an...
Private parts.
Macleod, R (on the application of) v The Governors of the Peabody Trust [2016] EWHC 737 (Admin) Ever since R (Weaver) v London and Quadrant Housing Trust [2010] 1 WLR 363 (our report) there has been an ongoing issue as to whether housing associations (or...
When to call it a day…
Gitere, R (on the application of) v Secretary of State for the Home Department [2015] EWHC 3336 (Admin) The risks of a client deciding to go it alone at the last stage of judicial review proceedings. Mr G is an asylum seeker, awaiting the outcome of his...
Mystery Pre Action Protocols
There are new pre-action protocols in force from today, 6 April 2015, including the following: The Pre-Action Protocol for Judicial Review The Pre-Action Protocol for Housing Disrepair Cases The Pre-Action Protocol for Possession Claims by Social Landlords...
Regulations and damn regulations.
Two quite different sets of secondary legislation. First: there is a new prescribed form for section 6(2), section 8 and section 13(2) notices for assured (including shorthold) tenancies from 6 April 2015. The regulations are here and the prescribed forms...
The judicial review of regulations on funding judicial review
Ben Hoare Bell Solicitors & Ors, R (On the Application Of) v The Lord Chancellor [2015] EWHC 523 (Admin) The legal aid funding regulations for judicial reviews, in effect from April 2014, were the subject of this judicial review. To cut to the chase, the...
Not a Good Idea
One to be filed under 'Do not do this, ever'. R (Grimshaw) v LB Southwark [2013] EWHC 4504 (Admin) [Not on Bailii, I've seen a transcript] This started out well enough, as a judicial review claim of Southwark's decision to terminate temporary accommodation....
Imported words.
The Greeks have a word for it, and if they don't the Germans can probably knock one together. On the menu for today are hubris, nemesis, Schadenfreude and harmatia. Harmatia Our friends 'Charles Henry', the not-solicitors, appear to be determined to destroy...
The Lord Chancellor must resign
Don't post in anger, I resolved many years ago. Wait for calm and let any fury in the writing be calculated, I thought. It was, and is, a wise rule. But today I am prepared to make an exception. Today was the day a Lord Chancellor made a public announcement...
Benefit Cap Judicial Review underway
A four party judicial review of the Benefit Cap - now under pilot in 4 boroughs and to be rolled out in October - was issued today (Wednesday 22 May). Details are here. The claimants argue that the Regulations are discriminatory and unreasonable. They also...