West Law Report

Internal review was fair

Posted in Times Law Report by mrkooenglish on September 3, 2008

From The TimesAugust 20, 2008

Internal review was fair
Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party in the Court of Appeal
Court of Appeal

Published August 20, 2008

Regina (Gilboy) v Liverpool City Council, Secretary of State for Communities and Local Government as interested party

A secure tenant, who lost that security when the tenancy was demoted on account of antisocial behaviour, failed in her challenge to the local authority landlord’s internal review procedure for reconsideration of the landlord’s seeking a county court order for possession.

The Court of Appeal (Lord Justice Waller, Lord Justice Buxton and Lady Justice Smith) so stated on July 2, 2008, when dismissing the appeal of Mrs Elizabeth Gilboy against the refusal by Mr Justice Stanley Burnton ([2007] EWHC 2335 (Admin)) of her claim for judicial review.

LORD JUSTICE WALLER said that in McLellan v Bracknell Forest Borough Council ([2002] QB 1129) relating to the scheme for introductory tenancies, the court held that article 6 of the European Convention on Human Rights, guaranteeing the right to a fair hearing, was engaged, but applying the principle that the court had to look at the decision-making process as a whole, including any review by the court through judicial review, dismissed the article 6 challenge.

The introductory tenant scheme was not materially different from the demoted tenant scheme. There was no distinguishing feature of the demoted tenancy scheme which would not allow the reasoning in McLellan to apply.

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