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18 September 2015 / Nicholas Dobson
Issue: 7668 / Categories: Features , Local government , Public
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​Local news

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How local must local housing be, asks Nicholas Dobson

What does the “local” in local housing mean? In particular can a local housing authority discharge its duties to homeless people by offering them accommodation over 50 miles outside its area? “No” came the clear and unanimous answer from the Supreme Court on 2 April 2015 in the circumstances of the matter before it. This was Nzolameso v City of Westminster [2015] UKSC 22, [2015] 2 All ER 942 and Lady Hale (as deputy president) gave the sole judgment on behalf of herself and her colleagues: Lords Clarke, Reed, Hughes and Toulson.

She opened by posing the key question: when was it “lawful for a local housing authority to accommodate a homeless person a long way away from the authority’s own area where the homeless person was previously living?” For there was “no doubt that, for a variety of reasons, such ‘out of borough’ placements have become increasingly common in recent years”.

Local housing authorities have a statutory duty under s 208(1) of the Housing Act 1996

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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