Source: All England Reporter
Publisher Citation: [2002] All ER (D) 137 (May)
Court: Court of Appeal, Civil Division
Judge:

Ward, Keene LJJ and Sir Martin Nourse
Representation Nigel Ley (instructed by Shepherd Harris & Co) for the claimant.
  Lisa Giovanetti (instructed by John Cawston) for the authority.
Judgment Dates: 9 May 2002

Catchwords

Estoppel - Issue estoppel - Decision of housing benefit review board - Board holding that claimant's tenancy created to take account of housing benefit regulations - Board's decision being quashed by consent order - Second board holding that no tenancy existing - Whether second board estopped by first board's finding in regard to existence of tenancy - Whether estoppel by representation arising in respect of memorandum of reasons filed in support of consent order.

The Case

In a fresh hearing before a differently constituted housing benefits review board, no question of estoppel could arise from a decision of a the previous review board that had been quashed; the second hearing had to consider the matter afresh and nothing could subsist from the decision of the first review board.

Practice Areas

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