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Olivia Peake and Simon Kiely examine the Privy Council’s decision in Baird v Goldgar, which clarifies the distinct tests for striking out an appeal for want of prosecution and abuse of process in the Eastern Caribbean, and reinforces judicial willingness to act robustly where delay has become inordinate. The Judicial Committee has upheld a decision of the Court of... Read more

Sharpe Pritchard recently acted for a Local Authority landlord in a case where they successfully ‘set off’ the tenant’s outstanding rent arrears against the tenant’s legal costs following settlement of a disrepair claim at Pre-Action Protocol stage. Case background The tenant (T) brought a disrepair claim against the London Borough of Newham (LBN) which was…

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Simon Kiely, a Partner in Sharpe Pritchard’s Dispute Resolution team, acted for Lewes District Council in prosecuting national building materials supplier Travis Perkins. The prosecution came about for offences under the Health and Safety at Work etc. Act 1974 (the Act) following a fatal accident involving wood falling from one of their delivery vehicles. At…

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In a recent blog (please see here), we examined a judgment of the Administrative Court regarding the approach – in the context of judicial review litigation – to redactions of the identities of officials in disclosed documents. As noted in that blog, the Court, in an authoritative judgment, made clear its view that, in general,…

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The Administrative Court Guide (the “Guide”) is an important resource for judicial review practitioners. Whilst the Guide does not have the force of law, it is “essential reading for all those who practice in the Administrative Court” (R (DVP) v Secretary of State for the Home Department [2021] EWHC 606 (Admin) [8]). Accordingly, all those…

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In the case of Waltham Forest LBC v Hussain [2023] EWCA Civ 733, the Court of Appeal has held that when a First-tier Tribunal (Property Chamber) (“the FTT”) hears an appeal against a decision under the Housing Act 2004 as a ‘rehearing’, the FTT must consider whether the authority’s decision was wrong by reference to…

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Case Summary Background Mr Rahman is the owner of a flat in Waltham Forest which has been let out to the same tenant since May 2015. The property is within an area of Waltham Forest where there have been two selective licensing schemes in operation under Part 3 of the Housing Act 2004; the first…

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