Hussain and Others v London Borough of Waltham Forest: UTLC 5 Nov 2019

Housing – Licensing under parts 2 and 3 of the Housing Act 2004 – requirement for a licence holder to be a ‘fit and proper person’ – Rehabilitation of Offenders Act 1974 – treatment of spent convictions of a rehabilitated person and related criminal proceedings – admissibility of conduct underlying a conviction – the test to be applied under s. 7(3) of the 1974 Act


The President, the Hon. Sir David Holgate and Judge Siobhan McGrath


[2019] UKUT 339 (LC), [2020] WLR(D) 227, [2020] 1 WLR 2723


Bailii, WLRD


Rehabilitation of Offenders Act 1974


England and Wales


CitedDickinson v Yates CA 27-Nov-1986
The claimant sought damages against the police for assault, wrongful arrest, false imprisonment and malicious prosecution arising from an arrest for a suspected drink-driving offence. He was acquitted of charges of assaulting a police officer in the . .
CitedClifford v Clifford 1961
The court stated the common law position of the cross examination of a defendant on his antecedents. Cairns J said: ‘The range of permissible cross-examination as to credit is, however, a very wide one. It has never, I think, been doubted that a . .

Cited by:

Appeal fromHussain and Others v The London Borough of Waltham Forest CA 19-Nov-2020
Facts of Spent Conviction Admissible at Common Law
The claimants sought licenses to manage houses in multiple occupation, but were refused, the council relying on spent convictions. The claimants sought summarily to strike out those parts of the pleadings referring to the spent convictions.
Lists of cited by and citing cases may be incomplete.


Updated: 27 April 2022; Ref: scu.646008