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Masthead Housing - Litigation

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Variation of contracts and lack of protest

A city council recently lost a Court of Appeal battle over whether several hundred of its employees were entitled to incremental pay increases from 2011 to 2013. Craig Ludlow and Sarah Bowen analyse the ruling.

News headlines

May 21, 2018

Law centres in High Court challenge over housing duty solicitor changes

The High Court will this week (21-22 May) hear a challenge from the Law Centres Network (LCN) to changes that the Ministry of Justice (MoJ) wants to introduce to the provision of housing duty solicitor desks in County Courts.
May 10, 2018

HMCTS behind schedule on “ambitious” court reform programme, says watchdog

HM Courts Service is behind where it expected to be at this stage of its ambitious reform programme, the National Audit Office has warned.
May 08, 2018

Security guard did not have authority to accept informations: Admin Court

A sub-contracted court security officer at a magistrates’ court was not a court officer with implied authority to accept informations that a borough council was endeavouring to serve, the Administrative Court has ruled.
Apr 30, 2018

Council defeats Court of Appeal challenge to eviction process

Ashfield District Council was entitled to evict a tenant even though the circumstances differed from those in a court order, the Court of Appeal has ruled.
Apr 25, 2018

Judicial review challenge over fate of town hall ended: report

Local activists are said to have abandoned an attempt to take the London Borough of Haringey to judicial review over the future of Hornsey town hall.

Features and analysis

Viability and affordable housing

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A High Court judge has given an important judgment on viability and affordable housing in London. Tim Buley examines the ruling.

Homelessness and academic appeals

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The Court of Appeal has reiterated in the context of homelessness appeals that the discretion to allow an academic appeal to proceed where it raises a point of law of general importance is to be exercised exceptionally, writes Stephanie Lovegrove.

Costs in public law cases

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Alexander Campbell analyses a recent Court of Appeal ruling on costs that has important lessons for local authorities conducting assessments.

The big court or the home court?

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The Court of Appeal has decided that interim relief can only be sought via s.204A Housing Act 1996 if the s.204 appeal is challenging a review decision rather than the original decision. Michael Paget and Zoë Whittington report.

Older articles

Apr 23, 2018

Housing team at Forbes sees number of Higher Court Advocates rise to seven

The Housing and Regeneration Department at Forbes Solicitors now has seven Higher Court Advocates after the latest Higher Rights of Audience qualification assessments.
Apr 20, 2018

Proving an error of law

Elizabeth England discusses a recent Court of Appeal case that reminds us who has the burden of proving an error of law in homelessness appeals under Part VII Housing Act 1996.
Apr 11, 2018

Public law and property barrister Campbell joins Field Court

Public law and property barrister Alexander Campbell, who is recognised for his social housing practice and his expertise in human rights and discrimination cases, has joined Field Court Chambers.
Apr 05, 2018

Judges rule on meaning of ‘isolated’ homes and National Planning Policy Framework

The term ‘isolated’ has its ordinary meaning in the National Planning Policy Framework (NPPF) and needs no over-interpretation, the Court of Appeal has ruled.
Apr 04, 2018

Government in call for evidence of aggression from bailiffs amid continued concerns

The government is to call for evidence on whether bailiffs are pursuing debtors with excessive aggression despite reforms four years ago intended to stamp out poor practice.
Apr 03, 2018

Developer wins permission for judicial review of approval of local plan by district

A property developer has won permission for a judicial review challenge to a district council’s decision to approve its local plan for publication and submission to the Secretary of State for Housing, Communities and Local Government for independent…
Mar 26, 2018

High Court judge rules council unlawfully failed to rehouse family

Disagreements between housing officers and social workers led the London Borough of Haringey to unlawfully fail to rehouse a family, a High Court judge has ruled.
Mar 19, 2018

Bullying by judges should not be tolerated, says Chair of the Bar

Bullying of barristers and other lawyers by judges has no place in the courts, the Chair of the Bar, Andrew Walker QC, has said, after press reports highlighted the issue.
Mar 16, 2018

Selective licensing and conditions

Jonathan Manning analyses an important Court of Appeal ruling on selective licensing and the power of local authorities to impose conditions.
Mar 08, 2018

Orders for possession and s.11 CA

The Court of Appeal has ruled that a breach of s. 11 Children Act 2004 does not necessarily preclude orders for possession. Andy Lane and Tara O'Leary set out the lessons to be learned from the judgment.
Mar 08, 2018

Children of secure tenants

Mathew McDermott discusses a potentially very important judgment which looked at whether it is fair to treat the children of secure tenants differently for the purpose of succession depending upon how their deceased parent became the tenant.
Mar 07, 2018

Supreme Court to hear case on intentional homelessness and rent shortfalls

The Supreme Court has granted permission to appeal in a key case on intentional homelessness, housing benefit and subsistence benefits.
Mar 06, 2018

High Court rules on whether children are ‘residents’ for HMO rules

Children aged under 18 are ‘residents’ for the purpose of calculating how many people live in a house in multiple occupation, the High Court has ruled.
Mar 05, 2018

Housing association axes large-scale regeneration plans for estate in Bath

A social landlord has said it will no longer pursue plans for the large-scale regeneration of a housing estate in Bath.
Mar 02, 2018

The right to rent and councils’ duties

Alice Richardson discusses with LexisPSL Local Government the first reported case to consider the relevance of the ‘right to rent’ provisions in the Immigration Act 2014 to assessments under section 17 of the Children Act 1989 where parents claim to…
Feb 28, 2018

Appeal to be submitted this week in Haringey development vehicle case

An appeal is to be submitted this week over the High Court’s dismissal of a high-profile legal challenge to the London Borough of Haringey’s proposed development vehicle.
Feb 23, 2018

Housing association settles legal battle with residents over cut-off gas supply

A housing association has settled a legal battle with 57 residents who were left without a gas supply for up to four months in January 2016.
Feb 23, 2018

Service of statutory notices

Are the prescribed methods of service of statutory notices exhaustive? Brendon Lee considers the key issues.
Feb 21, 2018

Litigants in person must get familiar with rules, practice directions: Supreme Court

Unless civil procedure rules and practice directions are “particularly inaccessible or obscure”, it is reasonable to expect a litigant in person to familiarise himself with those which apply to any step he is about to take, the Supreme Court has…
Feb 19, 2018

Appeal judges reject claim £59k confiscation for planning breaches was excessive

The Court of Appeal has rejected claims that a fine of £3,500 and a confiscation order of £59,000 for breach of planning laws were excessive.

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