Fradkina, R (on the application of) v London Borough Of Barnet [2001] EWCA Civ 2071 (21 December 2001)

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

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Fradkina

Claimant/applicant

The London Borough of Barnet

Defendant/respondent

Procedural Posture

Judicial Review / Permission to Appeal Refusal of Permission for Judicial Review

  1. 1 Whether the respondent's offer of accommodation was legally inadequate
  2. 2 Whether the applicant had a legitimate expectation of permanent accommodation
  3. 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