Davis v Watford Borough Council

Davis v Watford Borough Council

Section 204A(1) of the Housing Act 1996 only confers County Court jurisdiction where there has been a decision on a review; in cases where no review decision has been made, challenges to refusal of interim accommodation must be brought by judicial review in the High Court.

Parties
Applicant: Oliver Davis; Respondent: Watford Borough Council
Jurisdiction
England and Wales
Judgment Date
21 March 2018
Procedural Posture
Judicial Review / Appeal From Refusal of Permission to Apply for Judicial Review
Outcome
appeal allowed
Legal Topics
Statutory Interpretation, Jurisdiction, Interim Accommodation, Judicial Review, Appeals
Housing Law Administrative Law Statutory Interpretation Jurisdiction Interim Accommodation Judicial Review Appeals

Case Brief

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Parties

Oliver Davis

Applicant

Watford Borough Council

Respondent

Procedural Posture

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

Legal Issues

  1. 1 Whether the County Court or High Court has jurisdiction to determine a challenge to a local authority's refusal to provide interim accommodation under s.204(4) of the Housing Act 1996 when no review decision has been made

Ratio Decidendi

Section 204A(1) of the Housing Act 1996 only confers County Court jurisdiction where there has been a decision on a review; in cases where no review decision has been made, challenges to refusal of interim accommodation must be brought by judicial review in the High Court.

Court Disposition

appeal allowed

Orders

  • Proceedings properly commenced as judicial review in the High Court
  • Parties to agree an appropriate Minute of Order