Bubb V Wandsworth LBC [2011] EWCA Civ 1285

01 Jan 2018


David appeared successfully for Wandsworth and was led by Andrew Arden in the Court of Appeal. In a case of significance for all housing practitioners, Lord Neuberger M.R. (giving the leading judgment) held that matters of fact under the Housing Act 1996, such as the delivery of an offer letter in discharge of a duty to provide housing, are for the housing authority and are not precedent or hard edged facts upon which the county court has jurisdiction to decide. This very much follows on from the decision of the Court of Appeal in Adel William v Wandsworth [2006] H.L.R (and in particular the judgment of Lord Justice Chadwick) in which David also appeared for Wandsworth and in which it was held that matters of fact are for the local housing authority and can only be challenged on the usual Wednesbury grounds, the comments of Lord Brightman in Puhlhofer v Hillingdon being equally applicable to decisions of an authority under the Housing Act 1996.

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