Clarke v London Borough Of Enfield [2002] EWCA Civ 1278 (9 May 2002)

Clarke v London Borough Of Enfield [2002] EWCA Civ 1278 (9 May 2002)

Once the review board's decision was quashed by consent order, no issue estoppel could arise; the rehearing was not limited to the contrivance issue, and the tribunal's finding of no tenancy was not Wednesbury unreasonable.

Citation
[2002] EWCA Civ 1278
Parties
Claimant/appellant: Valerie Anne Patricia Clarke; Defendant/respondent: The London Borough of Enfield
Jurisdiction
England and Wales
Judgment Date
09 May 2002
Procedural Posture
Judicial Review / Appeal From Administrative Court, Court of Appeal Judgment
Outcome
Appeal dismissed; renewed application for permission to appeal dismissed; permission to appeal to House of Lords refused.
Legal Topics
Housing Benefit, Issue Estoppel, Estoppel by Representation, Consent Orders, Wednesbury Unreasonableness
Administrative Law Social Security Law Housing Benefit Issue Estoppel Estoppel by Representation Consent Orders Wednesbury Unreasonableness

Case Brief

Summary, issues, holding and outcome

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Parties

Valerie Anne Patricia Clarke

Claimant/appellant

The London Borough of Enfield

Defendant/respondent

Procedural Posture

Judicial Review / Appeal From Administrative Court, Court of Appeal Judgment

Legal Issues

  1. 1 Whether issue estoppel or estoppel by representation prevents reconsideration of appellant's liability to pay rent
  2. 2 Whether the rehearing before the tribunal was limited to the contrivance issue
  3. 3 Whether the tribunal's finding of no legally binding contract was Wednesbury unreasonable

Ratio Decidendi

Once the review board's decision was quashed by consent order, no issue estoppel could arise; the rehearing was not limited to the contrivance issue, and the tribunal's finding of no tenancy was not Wednesbury unreasonable.

Court Disposition

Appeal dismissed; renewed application for permission to appeal dismissed; permission to appeal to House of Lords refused.

Orders

  • Appeal dismissed
  • Renewed application for permission to appeal dismissed