Allinson v Harrogate Borough Council [2002] EWCA Civ 682 (1 May 2002)

Allinson v Harrogate Borough Council [2002] EWCA Civ 682 (1 May 2002)

No important point of policy or principle arises; the lower courts could not go behind the statutory demand or reopen the underlying decision; the Human Rights Act did not apply to decisions made before its commencement; the composition of the Review Board was lawful under the regulations.

Citation
[2002] EWCA Civ 682
Parties
Claimant/applicant: Anthony Desmond Allinson; Defendants/respondents: Harrogate Borough Council
Jurisdiction
England and Wales
Judgment Date
01 May 2002
Procedural Posture
Civil Appeal / Application for Permission to Appeal (second Appeal)
Outcome
Application dismissed
Legal Topics
Statutory Demand, Setting Aside Judgment, Housing Benefit Overpayment, Judicial Review, Human Rights Act Applicability
Civil Procedure Insolvency Law Human Rights Statutory Demand Setting Aside Judgment Housing Benefit Overpayment Judicial Review Human Rights Act Applicability

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Parties

Anthony Desmond Allinson

Claimant/applicant

Harrogate Borough Council

Defendants/respondents

Procedural Posture

Civil Appeal / Application for Permission to Appeal (second Appeal)

Legal Issues

  1. 1 Whether an important point of policy or principle arises to justify a second appeal
  2. 2 Whether the County Court or appellate judges could go behind the statutory demand and review the underlying decision of the Housing Review Board
  3. 3 Whether the composition of the Housing Review Board breached the applicant's human rights

Ratio Decidendi

No important point of policy or principle arises; the lower courts could not go behind the statutory demand or reopen the underlying decision; the Human Rights Act did not apply to decisions made before its commencement; the composition of the Review Board was lawful under the regulations.

Court Disposition

Application dismissed

Orders

  • Permission to appeal refused