London Borough of Haringey v Simawi [2018] EWHC 290 (QB) (19 February 2018)

London Borough of Haringey v Simawi [2018] EWHC 290 (QB) (19 February 2018)

The court exercised its discretion to order determination of the legal issue (Ground 1) even if it becomes academic, finding the issue exceptional due to its general importance, pending similar cases, and the benefits of authoritative resolution outweighing limited prejudice to the Claimant.

Citation
[2018] EWHC 290
Parties
Claimant: The Mayor and Burgesses of the London Borough of Haringey; Defendant: Mulkhis Simawi; Interested Party: The Secretary of State for Communities and Local Government
Jurisdiction
England and Wales
Judgment Date
19 February 2018
Procedural Posture
Possession Proceedings / Interlocutory Order Regarding Determination of Academic Issue
Outcome
Order made to determine Ground 1 even if it becomes academic between the parties.
Legal Topics
Statutory Succession, Secure Tenancies, Discrimination Under Human Rights Act, Academic Disputes in Litigation
Housing Law Human Rights Law Civil Procedure Statutory Succession Secure Tenancies Discrimination Under Human Rights Act Academic Disputes in Litigation

Case Brief

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Parties

The Mayor and Burgesses of the London Borough of Haringey

Claimant

Mulkhis Simawi

Defendant

The Secretary of State for Communities and Local Government

Interested Party

Procedural Posture

Possession Proceedings / Interlocutory Order Regarding Determination of Academic Issue

Legal Issues

  1. 1 Whether the 'no second succession rule' in ss.87-88 Housing Act 1985 is incompatible with Articles 8 and 14 of the Human Rights Act 1998
  2. 2 Whether the court should determine a legal issue if it becomes academic between the parties

Ratio Decidendi

The court exercised its discretion to order determination of the legal issue (Ground 1) even if it becomes academic, finding the issue exceptional due to its general importance, pending similar cases, and the benefits of authoritative resolution outweighing limited prejudice to the Claimant.

Court Disposition

Order made to determine Ground 1 even if it becomes academic between the parties.

Orders

  • Directions given for evidence and skeleton arguments to progress determination of Ground 1 at hearing scheduled for 2 October 2018.