Emambee v London Borough of Islington [2019] EWHC 2835 (QB) (25 October 2019)

Emambee v London Borough of Islington [2019] EWHC 2835 (QB) (25 October 2019)

The appeal was not brought within 21 days of notification as required by section 204(2) Housing Act 1996, and there was no good reason for the delay. Dyslexia and reliance on family assistance did not explain the period of inactivity between receipt of the decision and seeking legal advice. The judge's reasoning was adequate and based on the evidence.

Citation
[2019] EWHC 2835
Parties
Claimant and Appellant: Bibi Emambee; Defendant and Respondent: London Borough of Islington
Jurisdiction
England and Wales
Judgment Date
25 October 2019
Procedural Posture
Appeal / Judgment on Appeal Against Refusal to Extend Time for Appeal
Outcome
Appeal dismissed
Legal Topics
Extension of Time for Appeal, Notification Under Housing Act 1996, Discretion Under Section 204(2 A), Dyslexia and Procedural Fairness
Housing Law Civil Procedure Extension of Time for Appeal Notification Under Housing Act 1996 Discretion Under Section 204(2 A) Dyslexia and Procedural Fairness

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Parties

Bibi Emambee

Claimant and Appellant

London Borough of Islington

Defendant and Respondent

Procedural Posture

Appeal / Judgment on Appeal Against Refusal to Extend Time for Appeal

Legal Issues

  1. 1 Whether the appeal was brought within 21 days of notification under section 204(2) Housing Act 1996
  2. 2 Whether there was good reason for failure to bring the appeal in time under section 204(2A) Housing Act 1996

Ratio Decidendi

The appeal was not brought within 21 days of notification as required by section 204(2) Housing Act 1996, and there was no good reason for the delay. Dyslexia and reliance on family assistance did not explain the period of inactivity between receipt of the decision and seeking legal advice. The judge's reasoning was adequate and based on the evidence.

Court Disposition

Appeal dismissed

Orders

  • No extension of time for appeal granted
  • No further orders