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22 May 2015
Issue: 7653 / Categories: Case law , Law digest , In Court
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Housing

Hotak v Southwark London Borough Council; Kanu v Southwark London Borough Council; Johnson v Solihull Metropolitan Borough Council [2015] UKSC 30, [2015] All ER (D) 110 (May)

The appellants had all applied for accommodation on the basis that they were in priority need, under s 189(1)(c) of the Housing Act 1996. Their applications were refused and the appellants were unsuccessful before the Court of Appeal. The Supreme Court held, inter alia, that, in order to decide whether an applicant fell within s 189(1)(c) of the Act, an authority or reviewing officer should compare him with an ordinary person if made homeless, not an ordinary actual homeless person. Further, when deciding if an applicant was “vulnerable”, one had to take into account such services and support that would be available to him he were homeless. It did not matter, at least in principle, whether the support was provided pursuant to a legal obligation. However, the question whether there was a legal obligation on the third party to provide the support could sometimes be relevant, in that it might be

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MOVERS & SHAKERS

Browne Jacobson—Vicky Tomlinson

Browne Jacobson—Vicky Tomlinson

Browne Jacobson appoints Vicky Tomlinson as Head of Independent Health and Care

DWF—five appointments

DWF—five appointments

DWF further strengthens major injury and casualty offering with new partner and four directors from DAC Beachcroft

Switalskis—Laura Ornsby

Switalskis—Laura Ornsby

Switalskis strengthens Grimsby child care team

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
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