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22 May 2015
Issue: 7653 / Categories: Case law , Law digest , In Court
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Housing

Hotak v Southwark London Borough Council; Kanu v Southwark London Borough Council; Johnson v Solihull Metropolitan Borough Council [2015] UKSC 30, [2015] All ER (D) 110 (May)

The appellants had all applied for accommodation on the basis that they were in priority need, under s 189(1)(c) of the Housing Act 1996. Their applications were refused and the appellants were unsuccessful before the Court of Appeal. The Supreme Court held, inter alia, that, in order to decide whether an applicant fell within s 189(1)(c) of the Act, an authority or reviewing officer should compare him with an ordinary person if made homeless, not an ordinary actual homeless person. Further, when deciding if an applicant was “vulnerable”, one had to take into account such services and support that would be available to him he were homeless. It did not matter, at least in principle, whether the support was provided pursuant to a legal obligation. However, the question whether there was a legal obligation on the third party to provide the support could sometimes be relevant, in that it might be

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MOVERS & SHAKERS

Cripps—Radius Law

Cripps—Radius Law

Commercial and technology practice boosted by team hire

Switalskis—Grimsby

Switalskis—Grimsby

Firm expands with new Grimsby office to serve North East Lincolnshire

Slater Heelis—Will Newman & Lucy Spilsbury

Slater Heelis—Will Newman & Lucy Spilsbury

Property team boosted by two solicitor appointments

NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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