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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

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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