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10 November 2011
Issue: 7489 / Categories: Case law , Law digest , In Court
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Housing

Mitu v London Borough of Camden [2011] EWCA Civ 1249, [2011] All ER (D) 10 (Nov)

It was settled law that reg 8(2) of the Allocation of Housing and Homelessness (Review Procedures) Regulations 1999 (SI 1999/71), was not a discretionary option that the review officer could apply or disapply according to whether or not he or she considered that the service of a “minded to find” notice would be of material benefit to the applicant. Regulation 8(2) imposed a dual, mandatory obligation upon the review officer.

First, to “consider” whether there had been a deficiency or irregularity in the original decision or in the manner in which it was made. Second, if there was—and if the review officer was nonetheless minded to make a decision adverse to the applicant on one or more issues—to serve a minded to find notice on the applicant explaining his reasons for his provisional views. There was no discretion on the review officer to give himself a dispensation from complying with either of those obligations.
 

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MOVERS & SHAKERS

Sackers—Zak Ullah

Sackers—Zak Ullah

Sackers welcomes new associate

Christy Davies—Birmingham Law Society

Christy Davies—Birmingham Law Society

Ward Hadaway lawyer joins Birmingham Law Society Council

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons—Stephanie Westwood & Anisa Khan

Ellisons expands Chelmsford commercial litigation team with two appointments

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A formidable reputation cannot protect a law firm when partner departures, fragile finances and client uncertainty begin feeding each other
Businesses incorporating open-source software into commercial products could face obligations to disclose valuable source code, with AI-assisted development making licensing risks harder to track
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