Lewis v London Borough of Havering

Lewis v London Borough of Havering

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

Parties
Applicant/appellant: Russell Lewis; Respondent/defendant: 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, Judicial Review, Appeals Procedure
Housing Law Administrative Law Homelessness Interim Accommodation Judicial Review Appeals Procedure

Case Brief

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Parties

Russell Lewis

Applicant/appellant

London Borough of Havering

Respondent/defendant

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 on interim accommodation pending appeal under the Housing Act

Ratio Decidendi

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

Court Disposition

Permission to appeal granted

Orders

  • Appeal to be heard as soon as possible before three judges
  • No formal order for expedition made