The Court of Appeal has held that the Right to Rent scheme is compatible with Article 14 (read with Article 8) of the European Convention of Human Rights (ECHR). This means it is likely that the Right to Rent scheme will continue for private landlords in its current form.
Sarah Salmon examines the recent decision in McMahon v Watford Borough Council; Kiefer v Hertsmere Borough Council  EWCA Civ 497. The Court of Appeal was critical of the risk of using a highly technical PSED arguments in homelessness appeals to attempt to quash “otherwise unimpeachable vulnerability assessment[s]”.
The new Practice Direction 51Z to the Civil Procedure Rules has been amended to deal, to a certain extent, with case management, trespassers and interim possession orders. Parties can now agree case management directions in possession claims and apply for those directions to be made during the stay period.
Francis Hoar argues the lockdown regulations amount to an unprecedented breach of rights and freedoms and are disproportionate and in breach of the European Convention on Human Rights. These views are those of the author alone and not those of Field Court Chambers.
Adrian Davis examines the recent decision in James v Hertsmere Borough Council  EWCA Civ 489, in which the Court of Appeal ruled upon the scope of the county court’s jurisdiction when hearing a statutory homelessness appeal under section 204 of the Housing Act 1996.
The High Court has granted an interim injunction against a hospital patient, requiring her to give up possession of a hospital bedroom. In effect, the NHS Trust was granted possession by the “back door”, in a way which avoided the intended effect of CPR 51Z PD.
Care providers and supervisory bodies responsible for DoLS requests need to be aware that the Mental Capacity Act 2005 and Deprivation of Liberty Safeguards have not been changed by the Coronavirus Act 2020. They continue to apply in full.
Although housing possession cases have to a large degree drawn to a standstill. Some types of housing hearings are still taking place during this period.
Amid the current public health crisis, the Coronavirus Act 2020 has relaxed Care Act requirements for local authorities to assess or meet social care needs. But how should local authorities approach this “easement” relating to meeting needs?
All lawyers using the Civil Courts in England & Wales ought to be aware of changes to the Civil Procedure Rules that take effect next week. In particular, amendments to CPR 22 revise the form of Statements of Truth.