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Bloomsburry Family law

Law Brief

R (Casey) v Crawley BC [2006] EWHC 301 (Admin)

A local authority had taken into account all material considerations and had not acted perversely, or Wednesbury unreasonably, in reaching a decision to issue possession proceedings against travellers who had encamped on land in such a way as to cause a nuisance to others. The absence of an alternative site did not bar a local authority from obtaining possession against a trespasser on an unauthorised site where its decision to do so was otherwise reasonable.

Re S (a child)

When determining an application for financial relief for a child under s 15 of the Children Act 1989, the judge had wrongly regarded Re P (a child) [2003] EWCA Civ 837; [2003] 2 FLR 865 as providing a benchmark and had failed to focus on the child’s needs as distinct to those of the mother.

Skipper v Calderdale MBC [2006] EWCA Civ 239

As a matter of principle, general damages could be awarded for the frustration, loss of self-confidence and loss of self-esteem resulting from the failure of a school and local authority to identify and ameliorate the effects of dyslexia, and a claim for general damages and for damages by way of lost earning capacity based on such a failure could not be struck out as having no real prospect of success.

Griffiths v St Helens Council [2006] EWCA Civ 160

The amendments made to s 193 of the Housing Act 1996 by the Homelessness Act 2002 had not removed assured shorthold tenancies entirely from the possible ambit of s 193(5) of the 1996 Act and s 193(5) was capable of applying to any offer of suitable accommodation, including an offer of an assured shorthold tenancy from a private landlord, apart from a qualifying offer under s 193(7B) of the 1996 Act