Fradkina, R (on the application of) v London Borough Of Barnet [2001] EWCA Civ 2071 (21 December 2001)
The application was dismissed because there was no legal basis to impugn the respondent's offer of accommodation, and the applicant failed to pursue the alternative remedy of review provided in the offer letter, making judicial review inappropriate.
- Citation
- [2001] EWCA Civ 2071
- Parties
- Claimant/applicant: Fradkina; Defendant/respondent: The London Borough of Barnet
- Jurisdiction
- England and Wales
- Judgment Date
- 21 December 2001
- Procedural Posture
- Judicial Review / Permission to Appeal Refusal of Permission for Judicial Review
- Outcome
- Application refused
- Legal Topics
- Judicial Review, Legitimate Expectation, Alternative Remedy, Security of Tenure
Case Brief
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Parties
Fradkina
Claimant/applicant
The London Borough of Barnet
Defendant/respondent
Procedural Posture
Judicial Review / Permission to Appeal Refusal of Permission for Judicial Review
Legal Issues
- 1 Whether the respondent's offer of accommodation was legally inadequate
- 2 Whether the applicant had a legitimate expectation of permanent accommodation
- 3 Whether judicial review was appropriate given the existence of an alternative remedy
Ratio Decidendi
The application was dismissed because there was no legal basis to impugn the respondent's offer of accommodation, and the applicant failed to pursue the alternative remedy of review provided in the offer letter, making judicial review inappropriate.
Court Disposition
Application refused
Orders
- Application for permission to appeal dismissed
Full Case Text
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