Jubarah v London Borough Of Hammersmith & Fulham [2002] EWCA Civ 1399 (25 September 2002)

Permission to appeal granted as the construction of s.193(7) Housing Act 1996 raises an important point of law affecting housing applicants and authorities, and the issue has only been considered once at county court level.

Citation: [2002] EWCA Civ 1399
Parties: Claimant/applicant: Abla Jubarah; Defendant/respondent: London Borough of Hammersmith and Fulham
Jurisdiction: England and Wales
Judgment Date: 25 September 2002
Procedural Posture: Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome: Permission to appeal granted
Legal Topics: Homelessness, Statutory Interpretation, Local Authority Duties, Housing Act 1996 S.193(7)

Housing Law Administrative Law Homelessness Statutory Interpretation Local Authority Duties Housing Act 1996 S.193(7)

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Parties

Abla Jubarah

Claimant/applicant

London Borough of Hammersmith and Fulham

Defendant/respondent

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

1 Proper construction of section 193(7) of the Housing Act 1996 regarding notification period after refusal of accommodation offer
2 Whether local authority must keep offer open for 21 days after refusal before notifying cessation of duty

Ratio Decidendi

Court Disposition

Permission to appeal granted

Orders

Permission to appeal on the notice of appeal granted, subject to the terms stated in this judgment.
Appeal to be heard by a court of three, with at least two Lords Justice.