The applicant had been given temporary accomodation under the Act. He sought to enforce the obligation on the respondent to house him permanently by an action in the county court. The authority said the action should have been by judicial review.
Held: Where the action impugned the authority’s performance of its statutory duties as a pre-condition to enforcing private law rights, the correct way was to do so within judicial review proceedings. The authority’s decision could not be challenged by an ordinary action. The House attached particular importance to the protection given to public authorities by Order 53 of the Rules of the Supreme Court to the extent that leave to bring proceedings was required and a time limit imposed subject to good reason for extending it.
Lord Bridge
[1983] 2 AC 286, [1982] 3 WLR 1121, [1982] 3 All ER 1135, [1981] UKHL 10
Bailii
Housing (Homeless Persons) Act 1977
England and Wales
Citing:
Applied – O’Reilly v Mackman HL 1982
Remission of Sentence is a Privilege not a Right
The plaintiffs had begun their action, to challenge their loss of remission as prisoners, by means of a writ, rather than by an action for judicial review, and so had sidestepped the requirement for the action to be brought within strict time . .
Cited by:
Applied – O’Rourke v Mayor etc of the London Borough of Camden HL 12-Jun-1997
The claimant had been released from prison and sought to be housed as a homeless person. He said that his imprisonment brought him within the category of having special need. He also claimed damages for the breach.
Held: The Act was intended . .
Cited – Steed v Secretary of State for the Home Department HL 26-May-2000
The claimant surrendered guns and ammunition under the 1997 Act, and was due to be compensated. His claim was not settled, and he commenced an action in the County Court for the sums claimed. The defendant denied any duty to pay up within a . .
Cited – Mohamed v Manek and Royal Borough of Kensington and Chelsea CA 28-Apr-1995
The claimant applied to the Council for accommodation, claiming to be homeless and in priority need. The council housed him in a hotel owned by Mr Manek in Tooting Bec . He had a room, a separate bathroom and lavatory, and shared use of a kitchen. . .
Cited – Hussain v Mehlman CC 5-Mar-1992
(County Court) The defendant landlord granted the plaintiff a three year assured shorthold tenancy. He now appealed a finding that he was in breach of an implied covenant to maintain the space heating, and otherwise. The tenant had returned the . .
Cited – Ruddy v Chief Constable, Strathclyde Police and Another SC 28-Nov-2012
The pursuer said that he had been assaulted whilst in the custody of the responder’s officers. He began civil actions after his complaint was rejected. He repeated the allegation of the assault, and complained also as to the conduct of the . .
Lists of cited by and citing cases may be incomplete.
Housing, Judicial Review
Leading Case
Updated: 02 November 2021; Ref: scu.180465