Garbet, R (on the application of) v Circle 33 Housing Trust

Garbet, R (on the application of) v Circle 33 Housing Trust

The Defendant was contractually obliged to provide a resident warden service to the Claimant and to consult with her before withdrawing that service. The Defendant breached its obligations by withdrawing the resident warden service after 5 February 2009 without prior consultation, rendering its actions unlawful. The Claimant is entitled to a declaration to that effect.

Parties
Claimant: Joan Garbet; Defendant: Circle 33 Housing Trust; Interested Party: Eastbourne Homes Limited
Jurisdiction
England and Wales
Judgment Date
07 December 2009
Procedural Posture
Judicial Review / Final Judgment After Rolled Up Hearing
Outcome
Claim allowed in part; declaration granted
Legal Topics
Legitimate Expectation, Consultation Obligations, Public Authority Status, Breach of Contract, Judicial Review Procedure
Housing Law Contract Law Administrative Law Legitimate Expectation Consultation Obligations Public Authority Status Breach of Contract Judicial Review Procedure

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Parties

Joan Garbet

Claimant

Circle 33 Housing Trust

Defendant

Eastbourne Homes Limited

Interested Party

Procedural Posture

Judicial Review / Final Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Defendant was contractually obliged to provide a resident warden service to the Claimant
  2. 2 Whether the Defendant breached its obligation to consult before withdrawing the resident warden service
  3. 3 Whether the Defendant's actions were unlawful under public law or private law

Ratio Decidendi

The Defendant was contractually obliged to provide a resident warden service to the Claimant and to consult with her before withdrawing that service. The Defendant breached its obligations by withdrawing the resident warden service after 5 February 2009 without prior consultation, rendering its actions unlawful. The Claimant is entitled to a declaration to that effect.

Court Disposition

Claim allowed in part; declaration granted

Orders

  • Declaration that the Defendant acted unlawfully in withdrawing the resident warden service after 5 February 2009 without first consulting the Claimant in accordance with the tenancy agreement
  • Permission to apply for judicial review granted to the Claimant