Social Welfare Lawyers in the Centre of Birmingham

Gypsy and Traveller Cases

R (TW, SW and EM) – v – London Borough of Hillingdon and EHRC (intervener) [2018] EWHC 1791 (Admin) 13 July 2018

The London Borough of Hillingdon (LBH) allocates social housing in accordance with an Allocations Policy from 2016.  Under that Policy, applicants for social housing are placed into Bands (A, B, C or D) according to priority for social housing which they have under the policy.  Obviously a person in Band A has a better chance of being allocated housing than a person in Band B and so on.

Borough Wide Injunctions

Over recent years there have been reports of local authorities obtaining wide injunctions against unauthorised encampments. The latest example was Waltham Forest LBC v Persons Unknown where Lang J granted the final injunction on 12 January 2018. As usual, the defendants were not represented. TAT believe this type of injunction is potentially very challengeable on grounds including reasonableness and proportionality. We would be very interested in hearing from anyone adversely affected by such an injunction or any application for an injunction.

Attachments

Total Attachments: 1

borough wide injunctions attach (103 KB)

Public Law Defences to Possession Actions

Davies v Hertfordshire CC [2018] WLR(D) 1411, is not a Traveller case but is a useful reminder that, even where there is no security of tenure, a public law defence can be put forward to a possession action (in this case concerning Children Act 2004 section 11).

See the transcript at: http://www.bailii.org/cgi-bin/format.cgi?doc=/ew/cases/EWCA/Civ/2018/379.html&query=(davies)+AND+(v)+AND+(hertfordshire)

Green Belt Planning Appeals

Connors & ors v Secretary of State for Communities and Local Government (SSCLG); Mulvenna & Smith v SSCLG [2017] EWCA Civ 1850, 17 November 2017.

The case of Mulvenna and Smith concerned the discriminatory decision by Eric Pickles, back in 2014 when he was SSCLG, to recover their respective planning appeals for his own determination. Having done so Mr Pickles rejected his Planning Inspector’s recommendation in each case that planning permission be granted and he dismissed both appeals.

John Romans Parks Homes Limited v Michael and Julie Hancock

John Romans Parks Homes Limited v Hancock CH1/19UM/PHC/2017/0002

This was a First-tier Tribunal Property Chamber case. In August 2003 Mr and Mrs Hancock sold their bungalow and purchased their mobile home at the Morn Gate Park Site in Dorchester. John Romans Limited purchased the park from A & M Properties Limited in May 2015. John Romans Limited sought to evict Mr and Mrs Hancock from the park simply by serving them with notice to leave.

Port of London Authority v Mendoza

PLA v Mendoza [2017] UKUT 146 (TCC), 24 November 2016.

The boat in question in this case was called the Wight Queen and was moored without engine or wheelhouse on the North bank of the Thames not far from Kew Bridge. It was owned and lived in by Mr Mendoza. On 16 November 2009 the Port of London Authority (PLA) applied to the Land Registry for first registration of its title to part of the bed and foreshore of the River Thames between Kew Bridge and Brentford Ait.

R (Jayes) -v- Flintshire CC

R (Jayes) -v- Flintshire CC and Hamilton (interested party) [2017] EWHC 874 (Admin) 13

Mr Hamilton obtained planning permission for a Gypsy site for a temporary period of not more than 5 years. A neighbouring objector challenged this on several grounds. Before C.M.G. Ockelton (sitting as a deputy high court judge), Mr Jayes was successful on his first ground and the Planning Inspector’s decision was quashed.