MV -v- The London Borough of Lewisham (anonymity order)

Administrative CourtHigh CourtKing's Bench DivisionAnonymity Order

Skip to related content

Claim number: AC-2023-LON-000190

In the High Court of Justice
King’s Bench Division
Administrative Court

10 February 2025

Before:

Mr Timothy Corner KC

Between:

The King on the application of
MV

-v-

The London Borough of Lewisham

and

Pinnacle Group
(Interested party)

Order

BEFORE Mr Timothy Corner KC sitting as a Deputy High Court Judge at the Royal Courts of Justice, Strand, London, WC2A 2LL on 12 December 2024

UPON the Court making an order for anonymity at the hearing on 12 December 2024 (amended by the Court’s judgment handed down on 10 February 2025) in respect of the Claimant, his partner and his daughter

AND UPON the Court noting the Claimant brought a claim for judicial review on 2 grounds, the first ground being the allegation that neither the Defendant nor the Interested Party took action to control the alleged anti-social behaviour of their tenants in a property neighbouring the Claimant’s property [“ground 1”] and the second ground relating to the Defendant’s failure to place the Claimant into Band 1 pursuant to its allocation policy following the Claimant’s letter of 28 November 2022 [“ground 2”]

AND UPON the Court noting that on 1 November 2023 Michael Ford KC sitting as a Deputy Judge of the High Court granted the Claimant permission to apply for judicial review in respect of ground 2 only

AND UPON the Claimant not renewing his application for permission to rely on ground 1 nor there being an application to amend ground 2 made pursuant to CPR Part 23

AND UPON the Court considering the Claimant’s claim for judicial review in respect of ground 2 only

AND UPON the Court noting that the Defendant withdrew the decision under challenge on 4 December 2023 as it was made under the Defendant’s 2017 Allocation Policy which was not then in force and made a further allocation decision under the Defendant’s 2022 Allocation Policy on 4 December 2023

AND UPON hearing the Claimant in person and Counsel Ms Nuttall-Heath for the Defendant

AND UPON the Court considering further written submissions from the Claimant dated 20 December 2024 and Defendant dated 19 December 2024

AND UPON the Court noting that the Claimant has been invited to submit a fresh application to the Housing Register in a letter from the Defendant on 19 December 2024 as the Defendant has withdrawn the decision of 4 December 2023

AND UPON the Claimant being made aware that if following the Defendant’s decision on his fresh application he is still aggrieved, paragraph 1.6 of the relevant Housing Allocation Policy 2022 provides for seeking a review within 21 days of notice of the Defendant’s decision

AND UPON the Defendant proposing that in light of the Court’s judgment the order made in these proceedings should provide for the Defendant’s decision of 22 November 2022 to be quashed and for the Defendant to pay the Claimant’s reasonable costs of these proceedings incurred up to 31 December 2023 at the current hourly rate for litigants in person, and for there to be no order as to costs thereafter

AND UPON the Claimant making no substantive response to the Defendant’s proposal as to the form of the order

IT IS ORDERED THAT

  1. The Defendant’s decision of 22 November 2022 is quashed.
  2. The Defendant should pay the Claimant’s reasonable costs of these proceedings incurred up to 31 December 2023 at the current hourly rate for litigants in person, being £19 per hour. Such costs to be assessed if not agreed.
  3. No order as to any costs incurred by either party from and including 1 January 2024.

Related content