Griffin v City of Westminster [2004] EWCA Civ 108 (28 January 2004)

Griffin v City of Westminster [2004] EWCA Civ 108 (28 January 2004)

The Review Officer applied the correct statutory test for vulnerability as interpreted in Pereira, and the County Court judge erred by introducing a 'likelihood' qualification not found in the statute or binding case law.

Citation
[2004] EWCA Civ 108
Parties
Claimant/respondent: Jason Griffin; Defendant/appellant: City of Westminster
Jurisdiction
England and Wales
Judgment Date
28 January 2004
Procedural Posture
Appeal / Court of Appeal (civil Division)
Outcome
Appeal allowed
Legal Topics
Priority Need for Accommodation, Vulnerability Assessment, Statutory Interpretation
Housing Law Administrative Law Priority Need for Accommodation Vulnerability Assessment Statutory Interpretation

Case Brief

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Parties

Jason Griffin

Claimant/respondent

City of Westminster

Defendant/appellant

Procedural Posture

Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 What is the correct test for vulnerability under Section 189(1)(c) of the Housing Act 1996?
  2. 2 Did the Review Officer apply the correct legal standard in assessing vulnerability?
  3. 3 Should the Code of Guidance's 'likely to suffer' wording influence the statutory test?

Ratio Decidendi

The Review Officer applied the correct statutory test for vulnerability as interpreted in Pereira, and the County Court judge erred by introducing a 'likelihood' qualification not found in the statute or binding case law.

Court Disposition

Appeal allowed

Orders

  • Decision of Review Officer restored