Simpson-Lowe v Croydon LBC [2012] EWCA Civ 131
The role of local authority medical advisers where an applicant claims priority need homelessness status on medical grounds
Area of Law: Housing & Community Care Public Law
— Read morePatricia’s recent cases include the following:
Homelessness appeal: arguing even if the local authority concludes an applicant was not in fear of her former partner, the denigration of her personality resulting from psychological, emotional and/or financial abuse comes within the wider Yemshaw v Hounslow definition of domestic violence.
Public law defences: Securing the dismissal of a possession claim brought against the defendant after his application for non-statutory succession was refused, where the local authority unsuccessfully argued a public law defence (without an article 8 proportionality defence) was not available because the defendant had no private law contractual rights.
Disrepair: arguing the local authority had failed in its attempt to delete the relevant term of its secure tenancy agreements (affecting approximately 5,400 of its tenants), and as a result was liable for condensation and other dampness that was not a consequence of section 11 disrepair.