Daie, R (on the application of) v London Borough of Camden Homeless Persons' Unit [2005] EWCA Civ 360 (31 March 2005)

Daie, R (on the application of) v London Borough of Camden Homeless Persons' Unit [2005] EWCA Civ 360 (31 March 2005)

Permission to apply for judicial review was granted because the letter of 6th October 2004 from Camden arguably did not reflect the correct legal approach to material change of circumstances as clarified in recent authority, necessitating judicial consideration.

Citation
[2005] EWCA Civ 360
Parties
Claimant/applicant: Siavash Daie; Defendant/respondent: London Borough of Camden Homeless Persons' Unit
Jurisdiction
England and Wales
Judgment Date
31 March 2005
Procedural Posture
Judicial Review / Permission to Apply for Judicial Review (on Appeal From Refusal of Permission)
Outcome
Permission to apply for judicial review granted; application for adjournment refused.
Legal Topics
Homelessness Applications, Material Change of Circumstances, Judicial Review Procedure, Interim Relief
Administrative Law Housing Law Homelessness Applications Material Change of Circumstances Judicial Review Procedure Interim Relief

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Parties

Siavash Daie

Claimant/applicant

London Borough of Camden Homeless Persons' Unit

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Apply for Judicial Review (on Appeal From Refusal of Permission)

Legal Issues

  1. 1 Whether the refusal by Camden to consider a fresh homelessness application was lawful in light of recent authority
  2. 2 Whether the letter of 6th October 2004 correctly stated the legal position regarding material change of circumstances

Ratio Decidendi

Permission to apply for judicial review was granted because the letter of 6th October 2004 from Camden arguably did not reflect the correct legal approach to material change of circumstances as clarified in recent authority, necessitating judicial consideration.

Court Disposition

Permission to apply for judicial review granted; application for adjournment refused.

Orders

  • London Borough of Camden to continue to provide the claimant with temporary accommodation until the hearing of the judicial review application.
  • Expedition of the judicial review application ordered.