Berhane v Lambeth

Berhane v Lambeth

The adjournment of the appellant's section 204 appeal pending the outcome of the arbitration process between local authorities was unlawful as it deprived the appellant of her statutory right of access to the court and effective remedy. The statutory framework does not permit indefinite adjournment or make the right of appeal contingent on the outcome of inter-authority arbitration.

Parties
Claimant/respondent: Risbane Berhane; Defendant/appellant: London Borough of Lambeth
Jurisdiction
England and Wales
Judgment Date
25 July 2007
Procedural Posture
Appeal / Judgment on Appeal From Orders Adjourning Section 204 Housing Act 1996 Appeal
Outcome
Appeal allowed
Legal Topics
Homelessness, Statutory Appeals, Local Authority Duties, Access to Justice
Housing Law Administrative Law Homelessness Statutory Appeals Local Authority Duties Access to Justice

Case Brief

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Parties

Risbane Berhane

Claimant/respondent

London Borough of Lambeth

Defendant/appellant

Procedural Posture

Appeal / Judgment on Appeal From Orders Adjourning Section 204 Housing Act 1996 Appeal

Legal Issues

  1. 1 Whether the adjournment of the section 204 appeal pending arbitration between local authorities unlawfully deprived the appellant of access to justice
  2. 2 Whether the statutory framework permits indefinite adjournment of a section 204 appeal
  3. 3 Whether the appellant's right of appeal under section 204 is independent of the outcome of the arbitration process

Ratio Decidendi

The adjournment of the appellant's section 204 appeal pending the outcome of the arbitration process between local authorities was unlawful as it deprived the appellant of her statutory right of access to the court and effective remedy. The statutory framework does not permit indefinite adjournment or make the right of appeal contingent on the outcome of inter-authority arbitration.

Court Disposition

Appeal allowed

Orders

  • The appellant is awarded her costs up to 20 July 2007, to be assessed if not agreed.