Lawer, R (on the application of) v Restormel Borough Council

Lawer, R (on the application of) v Restormel Borough Council

The claimant's case was devoid of arguable merit as the defendant had considered the relevant factors and provided reasons. There was significant non-disclosure to the judge on the ex parte application, as the substance of the solicitor's conversation with the defendant was not properly disclosed. The injunction was set aside and the application for permission for judicial review dismissed.

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 Interim Mandatory Injunction; Consideration of Permission for Judicial Review
Outcome
Injunction discharged; application for permission for judicial review dismissed
Legal Topics
Homelessness, Judicial Review, Interim Injunctions, Without Notice Applications, Duty of Disclosure
Administrative Law Housing Law Homelessness Judicial Review Interim Injunctions Without Notice Applications Duty of Disclosure

Case Brief

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 Interim Mandatory Injunction; Consideration of Permission for Judicial Review

Legal Issues

  1. 1 Whether the defendant local authority failed to consider relevant factors in refusing to provide accommodation pending review under section 188(3) of the Housing Act 1996
  2. 2 Whether the claimant was entitled to interim mandatory injunctive relief
  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 and provided reasons. There was significant non-disclosure to the judge on the ex parte application, as the substance of the solicitor's conversation with the defendant was not properly disclosed. The injunction was set aside and the application for permission for judicial review dismissed.

Court Disposition

Injunction discharged; application for permission for judicial review dismissed

Orders

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