15/10/2007
The Administrative Court (Queens Bench Division) has today handed down judgment following the Judicial Review hearing on 27th September 2007.
Gilboy, R (on the application of) v Liverpool City Council & Anor [2007] EWHC 2335 (Admin) (15 October 2007)
The application was dismissed however an appeal to the Court of Appeal is now being pursued. > more
Background to the Judicial Review
In R (On the application of Gilboy) v Liverpool City Council (CO/10584/2006) permission was granted for judicial review of the local authority?s decision to terminate a demoted tenancy following a review carried out in accordance with the 2004 regulations. The issue was whether the decision and the underlying regulations breach Art 6(1) (right to fair hearing) in light of the decision of the ECHR in Tsfayo v UK . It was argued that the decision in McLellan was inconsistent with the decision in Tsfayo and that the domestic law needed to be reviewed in light of new ECHR law. The Sec of State for DCLG was directed to intervene as an interested party.
Adam Fullwood appeared for Gilboy, instructed by Jackson & Canter solicitors , Liverpool.
> Family plea on eviction is test case - 28/09/07 (Liverpool Echo)