Stephen Knafler QC in homelessness test case

Thursday 24 November 2011

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Instructed by William Flack at Blacklaws Davies (and leading Toby Vanhegan, from Arden Chambers), Stephen Knafler QC appeared for Ms Cassandra Bubb in the case of Bubb v Wandsworth LBC [2011] EWCA Civ 1285.

The Court of Appeal accepted Stephen's argument that, in a homelessness appeal, the county court judge should apply a "sliding scale of review", when assessing whether local authority decisions as to the facts had been rational and fairly reached. However, the Court of Appeal rejected the submission that - based on R (A) v Croydon in the Supreme Court and cases on procedural fairness - the county court judge was required to determine whether or not, on the facts, the applicant had received the information required to be provided to her by section 193(7) and (7A). Ms Bubb is now seeking permission to appeal from the Supreme Court.

Stephen Knafler QC is a member of Garen Court Chambers Housing Team.

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