Court of Appeal Decisions

Monday 5 January 2009

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R (Gargett) v LB Lambeth [2008] EWCA Civ 1450; on appeal from [2008] EWHC 663 (Admin).

On the 18th December 2008 the Court of Appeal handed down its judgment in R (Gargett) v Lambeth LBC [2008] EWCA Civ 1450, a test case on the calculation of Discretionary Housing Payments. Allowing the claimant's appeal, the Court of Appeal decided that DHP may be paid in respect of arrears of rent, even in cases where the claimant is currently in receipt of his or her full housing benefit entitlement. Stephen Knafler represented the successful appellant.

In R (TF) v Secretary of State for Justice[2008] EWCA Civ 1457 the Court of Appeal dismissed the appeal of the Secretary of State against the High Court decision that the Secretary of State should not have been satisfied that the medical evidence justified making a transfer direction under section 47 of the Mental Health Act 1983 and allowed the appeal of the detained mental patient against the High Court decision to withhold relief on the ground subsequent evidence demonstrated that the Secretary of State could have secured adequate medical evidence. The Court made important statements about the level of scrutiny to be applied to the evidence in such cases and the entitlement to relief when underlying administrative decisions are found to have resulted in a period of unlawful detention. Stephen Knafler and Roger Pezzani represented the successful patient.

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