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10 September 2015
Issue: 7667 / Categories: Legal News
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No duty to perform hazard inspection

A London local authority did not have a duty to carry out a hazard inspection and assessment when offering accommodation to a homeless man with a sensitivity to noise, the Court of Appeal has held.

Firoozmand v London Borough of Lambeth [2015] EWCA Civ 952 involved an appeal against a reviewing officer’s decision that accommodation provided at a flat known as “Studio 52” was suitable within the meaning of the Housing Act 1996, s 210.

The appellant had applied for homelessness assistance and asked for top floor private accommodation rather than a hostel because he was sensitive to noise. He was allocated a studio flat but complained of noise and was then moved to a top floor flat in the same block but complained again of a noisy neighbour.

The council contended that it was “unrealistic” for the applicant to expect to remain in a built-up area but be housed in solitary accommodation away from people.

Dismissing the appeal, Lord Justice Patten held that Lambeth Borough was not obliged to carry out a hazard inspection and assessment when the complaint was made.

Issue: 7667 / Categories: Legal News
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MOVERS & SHAKERS

London Solicitors Litigation Association—John McElroy

London Solicitors Litigation Association—John McElroy

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Kingsley Napley—Kirsty Churm & Olivia Stiles

Kingsley Napley—Kirsty Churm & Olivia Stiles

Firm promotes two lawyers to partnership across employment and family

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Foot Anstey—five promotions

Firm promotes five lawyers to partnership across key growth areas

NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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