header-logo header-logo

28 January 2010 / Nicholas Dobson
Issue: 7402 / Categories: Features , Public
printer mail-detail

A fine distinction

When you “notify” do you also “inform”? asks Nicholas Dobson

Why would people spend good money in getting lawyers to argue for them over the meaning of words? Are they all practising pedants?

Not at all. For if “equity does nothing in vain” neither will most litigants. There will usually be some fundamental and serious issue riding on disputed interpretations of words. And so there was in the Court of Appeal last October where the legal meaning of the words “inform” and “notify” came up for scrutiny in the context of homelessness law (see Ali v. Birmingham City Council [2009] EWCA Civ 1279).

This is in the Housing Act 1996 (HA 1996), pt 7. In particular, s 193 imposes a duty on local housing authorities to secure that accommodation is available for a homeless applicant where the authority is satisfied that the applicant is homeless, eligible for assistance, has a priority need and is not satisfied that the applicant became homeless intentionally. However, under s 193(5) an authority ceases to be subject to this

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
Could an online LLM in Commercial and Technology Law expand your career options?
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
back-to-top-scroll