Lawer, R (on the application of) v Restormel Borough Council [2007] EWHC 2299 (Admin) (12 October 2007)

Lawer, R (on the application of) v Restormel Borough Council [2007] EWHC 2299 (Admin) (12 October 2007)

The claimant's case was devoid of arguable merit as the defendant had considered the relevant factors required by law, and there was significant non-disclosure to the judge on the ex parte application. The injunction was wrongly granted and must be discharged.

Source-derived case information.

Citation
[2007] EWHC 2299 (Admin)
Parties
Claimant: Shirley Ann Lawer; Defendant: Restormel Borough Council
Jurisdiction
England and Wales
Judgment Date
12 October 2007
Procedural Posture
Judicial Review / Application to Discharge Ex Parte Injunction and Permission for Judicial Review
Outcome
Injunction discharged; application for permission for judicial review dismissed.
Legal Topics
Homelessness, Judicial Review, Interim Injunctions, Local Authority Discretion, Procedural Fairness
Administrative Law Housing Law Homelessness Judicial Review Interim Injunctions Local Authority Discretion Procedural Fairness

Source-derived case record

Summary, issues, holding and outcome

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Parties

Shirley Ann Lawer

Claimant

Restormel Borough Council

Defendant

Procedural Posture

Judicial Review / Application to Discharge Ex Parte Injunction and Permission for Judicial Review

Legal Issues

  1. 1 Whether the local authority failed to consider relevant factors in refusing accommodation pending review under Housing Act 1996 s.188(3)
  2. 2 Whether the grant of an ex parte injunction was justified
  3. 3 Whether there was material non-disclosure to the court on the ex parte application

Ratio Decidendi

The claimant's case was devoid of arguable merit as the defendant had considered the relevant factors required by law, and there was significant non-disclosure to the judge on the ex parte application. The injunction was wrongly granted and must be discharged.

Court Disposition

Injunction discharged; application for permission for judicial review dismissed.

Orders

  • The injunction granted by Calvert-Smith J is discharged.
  • The claimant's application for permission for judicial review is dismissed.