The claimant challenged the respondent’s finding that he had been intentionally homeless and therefore not entitled to emergency housing assistance. He said that the Authority had failed to comply with the required procedure.
Held: Toulson LJ said: ‘The modern approach towards breach of a statutory procedural requirement is to consider the underlying purpose of the requirement and whether it follows from consideration of that legislative purpose that any departure from the precise letter of the statute, however minor, should amount to the document being regarded as a nullity.’
Judges:
Lord Neuberger MR, Wilson LJ, Toulson LJ
Citations:
[2011] EWCA Civ 312, [2011] PTSR 1523
Links:
Jurisdiction:
England and Wales
Cited by:
Cited – In re X (A Child) (Surrogacy: Time Limit) FD 3-Oct-2014
Extension of Time for Parental Order
The court considered the making of a parental order in respect of a child through surrogacy procedures outside the time limits imposed by the 2008 Act. The child had been born under Indian surrogacy laws. The commissioning parents (now the . .
Lists of cited by and citing cases may be incomplete.
Housing
Updated: 04 September 2022; Ref: scu.431239