Plant, R (On the Application Of) v Somerset County Council & Anor [2016] EWHC 1245 (Admin) (26 May 2016)

Plant, R (On the Application Of) v Somerset County Council & Anor [2016] EWHC 1245 (Admin) (26 May 2016)

Relief from sanctions and the application to set aside the mandatory order against TDBC were refused due to lack of promptness, absence of good reason for delay, and negligible prospects of success. SCC's pursuit of possession was found to be proportionate and lawful, as TDBC had discharged its housing duty to the claimant. The judicial review claim was dismissed as academic and because the claimant had alternative remedies in the County Court.

Citation
[2016] EWHC 1245 (Admin)
Parties
Claimant: Mr Roger Plant; First Defendant: Somerset County Council; Second Defendant: Taunton Deane Borough Council
Jurisdiction
England and Wales
Judgment Date
26 May 2016
Procedural Posture
Judicial Review / Final Judgment After Substantive Hearing
Outcome
Claim dismissed
Legal Topics
Homelessness, Judicial Review Procedure, Possession Proceedings, Article 8 ECHR, Equality Act 2010, Relief From Sanctions
Administrative Law Housing Law Human Rights Law Homelessness Judicial Review Procedure Possession Proceedings Article 8 ECHR Equality Act 2010 +1 more

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Parties

Mr Roger Plant

Claimant

Somerset County Council

First Defendant

Taunton Deane Borough Council

Second Defendant

Procedural Posture

Judicial Review / Final Judgment After Substantive Hearing

Legal Issues

  1. 1 Whether Taunton Deane Borough Council should be permitted to contest the claim out of time and seek revocation of the mandatory order made against it in March 2015
  2. 2 Whether Somerset County Council's decision to seek possession of land occupied by the claimant is unlawful, disproportionate, irrational, or in breach of the claimant's rights

Ratio Decidendi

Relief from sanctions and the application to set aside the mandatory order against TDBC were refused due to lack of promptness, absence of good reason for delay, and negligible prospects of success. SCC's pursuit of possession was found to be proportionate and lawful, as TDBC had discharged its housing duty to the claimant. The judicial review claim was dismissed as academic and because the claimant had alternative remedies in the County Court.

Court Disposition

Claim dismissed

Orders

  • Relief from sanctions refused to TDBC
  • Application to set aside the order of Hayden J refused