Regina v Kensington and Chelsea Royal London Borough Council Ex parte Hammell: CA 1989

Parker LJ said of the plaintiff’s application for a review of the decision on her homelessness application: ‘She is entitled to protection with regard to her public law right to have the necessary inquiries made and the decision properly made . . the injustice to the applicant, if she is not housed but is right, is clearly immense . . This is no more than interim protection for as long as it takes to decide the substantive matter . .’
An interim injunction might be discharged where the plaintiff cannot make out the strong prima facie case that is required, where the potential balance of injustice favours not granting an injunction, and where the public interest likewise lies in not granting an injunction.
References: [1989] QB 518, [1989] 1 All ER 1202, [1989] 2 WLR 90, [1989] Fam Law 430
Judges: Parker LJ
Jurisdiction: England and Wales
This case cites:

  • Cited – London and Clydeside Estates v Aberdeen District Council HL 8-Nov-1979 ([1980] SC (HL) 1, [1980] 1 WLR 182, , [1979] UKHL 7)
    The appellants had sought a Certificate of Alternative Development. The certificate provided was defective in that it did not notify the appellants, as required, of their right to appeal. Their appeal out of time was refused.
    Held: The House . .

This case is cited by:

  • Cited – Regina v Soneji and Bullen HL 21-Jul-2005 (, [2005] UKHL 49, , Times 22-Jul-05, [2005] 3 WLR 303, [2006] 1 AC 340, [2006] 1 Cr App R(S) 79, [2006] Crim LR 167, [2005] 4 All ER 321, [2006] 2 Cr App R 20)
    The defendants had had confiscation orders made against them. They had appealed on the basis that the orders were made more than six months after sentence. The prosecutor now appealed saying that the fact that the order were not timely did not . .
  • Cited – Lawer, Regina (on the Application of) v Restormel Borough Council Admn 12-Oct-2007 (, [2007] EWHC 2299 (Admin))
    The applicant was joint tenant of a council property. She suffered domestic violence, and said she was advised by the local authority to surrender her tenancy on the basis that they would rehouse her. She did so. The authority refused to provide a . .

These lists may be incomplete.
Last Update: 22 September 2020; Ref: scu.228956