header-logo header-logo

Serious consequences

31 March 2017 / Sophie Bell , Satvir Sahota
Issue: 7740 / Categories: Features , Public
printer mail-detail
nlj_7740_bell

Is Hotak’s bite now worse than its bark? Sophie Bell & Satvir Sahota examine vulnerability decisions in homeless cases

  • The judgments in AS v Westminster and II v Westminster provide useful guidance on how local authorities should be addressing the question of vulnerability post- Hotak and on potential grounds for appeal.

The landscape for assessing the vulnerability of homeless applicants was expected to change dramatically with the decision in Hotak v the London Borough of Southwark [2015] UKSC 30, [2015] 3 All ER 1053 in the Supreme Court in 2015. Celebration among those who advise homeless applicants was nevertheless short-lived. Local authorities were clearly of the view that they could continue to use all the tools and arguments previously at their disposal to avoid making findings of vulnerability. We highlight two recent appeals in the county court suggesting that the hopes of applicant lawyers were not misplaced. The judgments provide useful guidance on how local authorities should be addressing the question of vulnerability post-Hotak and on potential grounds for appeal.

Background

When an applicant makes a

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

Clarke Willmott—Declan Goodwin & Elinor Owen

Clarke Willmott—Declan Goodwin & Elinor Owen

Corporate and commercial teams in Cardiff boosted by dual partner hire

Hill Dickinson—Joz Coetzer & Marc Naidoo

Hill Dickinson—Joz Coetzer & Marc Naidoo

London hires to lead UK launch of international finance team

Switalskis—11 promotions

Switalskis—11 promotions

Firm marks start of year with firmwide promotions round

NEWS
Regulators differed in the clarity and consistency of their post-Mazur advice and guidance, according to an interim report by the Legal Services Board (LSB)
The dangers of uncritical artificial intelligence (AI) use in legal practice are no longer hypothetical. In this week's NLJ, Dr Charanjit Singh of Holborn Chambers examines cases where lawyers relied on ‘hallucinated’ citations — entirely fictitious authorities generated by AI tools
The next generation is inheriting more than assets—it is inheriting complexity. Writing in NLJ this week, experts from Penningtons Manches Cooper chart how global mobility, blended families and evolving values are reshaping private wealth advice
Artificial intelligence (AI) is rapidly transforming sport, from recruitment and training to officiating and fan engagement. Writing in NLJ this week, Professor Dr Ian Blackshaw of Valloni Attorneys at Law explains how AI now influences everything from injury prevention to tactical decisions, with clubs using tools such as ‘TacticAI’ to gain competitive edges
The Solicitors Act 1974 may still underpin legal regulation, but its age is increasingly showing. Writing in NLJ this week, Victoria Morrison-Hughes of the Association of Costs Lawyers argues that the Act is ‘out of step with modern consumer law’ and actively deters fairness
back-to-top-scroll