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26 February 2010
Issue: 7406 / Categories: Case law , Law digest
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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).
 

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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

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Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

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NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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