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A fine distinction

28 January 2010 / Nicholas Dobson
Issue: 7402 / Categories: Features , Public
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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

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MOVERS & SHAKERS

Kingsley Napley—Claire Green

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Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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