Source: All England Reporter
Publisher Citation: [2011] All ER (D) 175 (Oct)
Neutral Citation: [2011] EWCA Civ 1171
Court: Court of Appeal, Civil Division

Mummery, Lloyd and McFarlane LJJ

Representation Christopher Baker and Victoria Osler (instructed by Gillian Radford & Company) for the claimant.
  Ian Peacock (instructed by Legal and Democratic Services, Westminster City Council) for the defendant.
Judgment Dates: 19 October 2011


Housing - Homeless person - Duty of authority to provide accommodation - Claimant living in council house - Claimant's husband and mother holding joint tenancy of house - Claimant's mother asking her to leave - Claimant applying to defendant local authority for housing assistance - Defendant deciding claimant not homeless and that she could reasonably occupy house - Decision upheld on review and claimant's appeal dismissed by recorder - Whether recorder erring - Housing Act 1998.

The Case

Housing Homeless person. The Court of Appeal, Civil Division, in dismissing the claimant's appeal held that in the circumstances it was impossible to detect a legal error in the decision of the recorder who held that the claimant was not homeless or threatened with homelessness and that the defendant local authority was not under a duty to accommodate her.

Practice Areas

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