header-logo header-logo

06 November 2015
Issue: 7675 / Categories: Case law , Law digest , In Court
printer mail-detail

Housing

Samuels v Birmingham City Council [2015] EWCA Civ 1051, [2015] All ER (D) 230 (Oct)

The appellant, whose entire income comprised state benefits, had unsuccessfully applied for homelessness assistance from the respondent local authority. The review decision upheld the determination and concluded that, given the household income, there should have been sufficient flexibility to meet the shortfall in rent. The county court dismissed her appeal. The Court of Appeal, Civil Division, dismissed the appeal and held that benefits income did not have any special status or treatment in the exercise of establishing whether accommodation was affordable, nor was the starting point that benefits were set at subsistence level and were not designed to give a level of flexibility to spend outside maintaining a very basic standard of living on expenditure such as additional housing costs.

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

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

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

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
back-to-top-scroll