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Serious consequences

31 March 2017 / Sophie Bell , Satvir Sahota
Issue: 7740 / Categories: Features , Public
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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

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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

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Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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