Homelessness – capacity to apply

R(Uddin) v Southwark LBC (2019) EQHC 180 (Admin) (Not on Bailii. We’ve seen a copy of the judgment. Also reported in the March 2019 Legal Action Housing: recent developments). Mr U is a single man. In May 2018, he was assaulted and suffered a serious brain injury. In October 2018, the hospital assessed him as […]

Homelessness and capacity

In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance.  The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was […]

Capacity and applications: Homelessness

Last night, I was in Leeds at the wonderful Centre for Law and Social Justice, and discussed with some scholars and lawyers (over a few drinks) the way in which housing law appears to have become its own isolated and insular sub-discipline.  This was particularly in the context of human rights and capacity decisions.  I […]

Not telling you..

R (WG) v Local Authority A [2010] EWHC 2608 (Admin) [Not on Bailii yet] This is a downright odd case, an application for judicial review where the Claimant’s solicitors came off the record at hearing, Claimant’s counsel (the in-the-circumstances heroic Zia Nabi), was left without instructions but felt duty bound to make submissions on the […]

Mental Capacity

William Flack has made another considered post on the issue of mental capacity for the purposes of Civil Procedure Rule 21 on his blog. He has also begun a wiki on the topic, which could be a very useful step. (For those not sure what a wiki is, see here, in self referential kind of […]