header-logo header-logo

A fine distinction

28 January 2010 / Nicholas Dobson
Issue: 7402 / Categories: Features , Public
printer mail-detail

When you “notify” do you also “inform”? asks Nicholas Dobson

Why would people spend good money in getting lawyers to argue for them over the meaning of words? Are they all practising pedants?

Not at all. For if “equity does nothing in vain” neither will most litigants. There will usually be some fundamental and serious issue riding on disputed interpretations of words. And so there was in the Court of Appeal last October where the legal meaning of the words “inform” and “notify” came up for scrutiny in the context of homelessness law (see Ali v. Birmingham City Council [2009] EWCA Civ 1279).

This is in the Housing Act 1996 (HA 1996), pt 7. In particular, s 193 imposes a duty on local housing authorities to secure that accommodation is available for a homeless applicant where the authority is satisfied that the applicant is homeless, eligible for assistance, has a priority need and is not satisfied that the applicant became homeless intentionally. However, under s 193(5) an authority ceases to be subject to this

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hugh James—Phil Edwards

Hugh James—Phil Edwards

Serious injury teambolstered by high-profile partner hire

Freeths—Melanie Stancliffe

Freeths—Melanie Stancliffe

Firm strengthens employment team with partner hire

DAC Beachcroft—Tim Barr

DAC Beachcroft—Tim Barr

Lawyers’ liability practice strengthened with partner appointment in London

NEWS
Ceri Morgan, knowledge counsel at Herbert Smith Freehills Kramer LLP, analyses the Supreme Court’s landmark decision in Johnson v FirstRand Bank Ltd, which reshapes the law of fiduciary relationships and common law bribery
The boundaries of media access in family law are scrutinised by Nicholas Dobson in NLJ this week
Reflecting on personal experience, Professor Graham Zellick KC, Senior Master of the Bench and former Reader of the Middle Temple, questions the unchecked power of parliamentary privilege
Geoff Dover, managing director at Heirloom Fair Legal, sets out a blueprint for ethical litigation funding in the wake of high-profile law firm collapses
James Grice, head of innovation and AI at Lawfront, explores how artificial intelligence is transforming the legal sector
back-to-top-scroll