Lewis v London Borough of Havering [2006] EWCA Civ 1728 (17 November 2006)

Lewis v London Borough of Havering [2006] EWCA Civ 1728 (17 November 2006)

There is an arguable case that a local authority cannot as a matter of principle ignore the Notice of Appeal when considering whether to continue interim accommodation pending appeal; the issue merits consideration by the Court of Appeal.

Citation
[2006] EWCA Civ 1728
Parties
Claimant/appellant: Russell Lewis; Defendant/respondent: London Borough of Havering
Jurisdiction
England and Wales
Judgment Date
17 November 2006
Procedural Posture
Civil Appeal / Renewed Application for Permission to Appeal
Outcome
Permission to appeal granted
Legal Topics
Homelessness, Interim Accommodation, Local Authority Duties, Appeals Process
Housing Law Administrative Law Homelessness Interim Accommodation Local Authority Duties Appeals Process

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Parties

Russell Lewis

Claimant/appellant

London Borough of Havering

Defendant/respondent

Procedural Posture

Civil Appeal / Renewed Application for Permission to Appeal

Legal Issues

  1. 1 Whether a local authority must consider the grounds of appeal (Notice of Appeal) when deciding to continue interim accommodation pending appeal under Section 204 of the Housing Act

Ratio Decidendi

There is an arguable case that a local authority cannot as a matter of principle ignore the Notice of Appeal when considering whether to continue interim accommodation pending appeal; the issue merits consideration by the Court of Appeal.

Court Disposition

Permission to appeal granted

Orders

  • Application for permission to appeal is granted
  • Appeal to be listed as soon as possible before three judges