Local Authorities and Housing Associations are increasingly facing defences to their possession claims based on some public law challenge, or the Equality Act 2010. This is especially so with respect to mandatory claims, but is also seen with regard to those relying on a discretionary basis for possession. This seminar aims to give some guidance as to the competing strengths of some of these defences, how their impact and relevance can be reduced by pre-action work and what evidence (if any) and submissions are required to meet them successfully.
Andrew Lane, Tara O'Leary and Ruchi Parekh of the Cornerstone housing team will be covering the following topics:
Equality Act 2010
- Public Sector Equality Duty – what is it and what do we have to do to comply?
- Reasonable Adjustments – when does the duty arise?
- Discrimination – what is its impact on possession claims? What does Akerman-Livingstone v Aster Communities  AC 1399 say?
- Are you a public authority or exercising a public function?
- What difference will the Housing & Planning Act 2016 regulatory reforms make?
- Is R(Weaver) v London & Quadrant Housing Trust  1 WLR 363 good law?
- Is policy compliance important?
- Art.8 and Thurrock v West  HLR 5 – does Holley v Hillingdon LBC  EWCA Civ 1052 tell us anything new?
- CPR 55.8 and Birmingham City Council v Stephenson  EWCA Civ 1029
- Ex post facto analysis
- S11 of the Children Act 2004.
For more information please contact Lauren Bull on 0207 2424 986 or email firstname.lastname@example.org.