Social Welfare Lawyers in the Centre of Birmingham

Judicial Review: Proposals For Further Reform

Following their initial consultation process, the Ministry of Justice have carried out a further consultation on Judicial Review. This consultation contains potentially disastrous proposals on planning appeals (that may seriously affect Gypsies and Travellers) and on judicial review in general (which may prevent legal aid lawyers from taking such cases). The consultation deadline is November 1st and we urge people to put in their responses. The Ministry of Justice paper can be found here: https://consult.justice.gov.uk/digital-communications/judicial-review/consult_view . Marc Willers of Garden Court Chambers, Simon Ruston and Chris Johnson have done a two part blog on the effects on Gypsies and Travellers: http://www.travellerstimes.org.uk/blog.aspx?n=97138e84-5b13-4f22-be61-cbb6990ecfcb&h=False&c=f1b1c82c-0f3c-4edf-98cd-502ea80ed8fa& . Here is our response to the consultation (please feel free to use bits of it as you see fit):

Attachments

Total Attachments: 1

JR Proposals For Further Reform (0 bytes)

Exceptional Funding

In terms of those areas that are out of scope for legal aid, the Government said people could try and get ‘exceptional funding’ under section 10 of the Legal Aid Act 2012 if otherwise there might be a breach of article 6 of the European Convention on Human Rights (the right to a fair hearing). For example, housing benefit is now out of scope for legal aid but a housing benefit problem might be the reason for rent arrears that have led to a possession action.

Moore -v- SSCLG

Moore v Secretary of State for Communities and Local Government & London Borough of Bromley [2013] EWCA Civ 1194, 9 October 2013

This case concerns a planning appeal in the Court of Appeal (CoA).

The Claimant below (the respondent to this appeal), Charmaine Moore, is a single parent who owns the site she lives on. She lives there in a mobile home with her three children, aged 14, 13 and 7.  She and her family are Romani Gypsies.

Before she moved to the appeal site in July 2010, the Claimant and her children had lived for some 12 years in a caravan situated on the front drive of a rented Housing Association property at Orpington.  The house was used only as a day room and the family always slept in the caravan.  The Claimant had “an aversion to living in bricks and mortar”.

Gypsy Woman Wins in Court of Appeal

This case concerns a planning appeal in the Court of Appeal (CoA).

The Claimant below (the respondent to this appeal), Charmaine Moore, is a single parent who owns the site she lives on. She lives there in a mobile home with her three children, aged 14, 13 and 7.  She and her family are Romani Gypsies.

Before she moved to the appeal site in July 2010, the Claimant and her children had lived for some 12 years in a caravan situated on the front drive of a rented Housing Association property at Orpington.  The house was used only as a day room and the family always slept in the caravan.  The Claimant had “an aversion to living in bricks and mortar”.

British Waterways Board -v- Ward

British Waterways Board -v- Ward Bristol County Court, 2 December 2012 HHJ Denyer

Mr Ward is a boatdweller who was resorting to the Kennet & Avon Canal. He failed to pay his licence by 31 January 2010 and the British Waterways Board (BWB) sought payment of the licence plus a late payment charge. On Mr Ward’s continued failure to pay, they then took action against him under section 8 of the British Waterways Act 1983 to seek removal of the boat from the waterways under their control.