header-logo header-logo

26 February 2010
Issue: 7406 / Categories: Case law , Law digest
printer mail-detail

Housing

Tomlinson and others v Birmingham City Council 2010] UKSC 8, [2010] All ER (D) 192 (Feb)

Cases where the award of services or benefits in kind was not an individual right of which the applicant could consider himself the holder, but was dependent upon a series of evaluative judgments by the provider as to whether the statutory criteria were satisfied and how the need for it ought to be met, did not engage Art 6(1) of the European Convention on Human Rights.

They did not give rise to “civil rights” within the autonomous meaning that was given to that expression for the purposes of that article. Accordingly, an appeal on a point of law to the County Court under s 204 of the Housing Act 1996 did not engage Art 6(1).
 

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

Ogier—Martin Livingston

Ogier—Martin Livingston

Martin Livingston joins Ogier in Cayman to strengthen regulatory support

Blake Morgan—47 promotions

Blake Morgan—47 promotions

Blake Morgan announces 47 summer promotions across UK offices

NEWS
Consultant-led law firms should prepare for closer regulatory attention as oversight evolves
Artificial intelligence may draft workplace grievances, but employers cannot treat them any differently from conventional complaints
From dishonest claimants to judicial promotions and procedural skirmishes, the latest legal developments offer plenty for litigators to digest
Fresh guidance is set to influence how courts decide whether hearings take place online or in person
County Court judges remain divided over whether landlords can lawfully force entry to carry out essential safety inspections after tenants ignore access injunctions
back-to-top-scroll