- Cited — Amina Ahamed, R (on the application of) v London Borough of Haringey 2023-08-11
“…[2015] UKSC 30, [2016] AC 811…”
- Cited — Sofia Sheakh (R on the application of) v London Borough of Lambeth Council 2022-04-05
“…149 (see, for example, Hotak v Southwark London Borough Council [2015] UKSC 30; [2016] AC 811).”…”
- Explained — Metropolitan Housing Trust Limited v TM 2021-12-20
“…Ms Monaghan sought to derive some support from the fact that in Hotak v Southwark LBC[2015] UKSC 30 at [73] Lord Neuberger PSC referred with approval to various passages explaining what the PSED involved, including that given by McCombe LJ in Bracking at [25]…”
- Cited — End Violence Against Women Coalition, R (On the Application Of) v Director of Public Prosecutions 2021-03-15
“…ic authority can comply with section 149 even if the decision maker does not refer to section 149 (see, for example, Hottak v. Southwark London Borough Council [2015] UKSC 30; [2016] AC 811).…”
- Cited — Gathercole v Suffolk County Council 2020-09-09
“…Bracking was itself referred to in paragraph 73 of the judgment of Lord Neuberger in Hotak v Southwark London Borough Council [2015] UKSC 30, [2016] AC 811. Lord Neuberger also noted that, in Baker v Secretary of State for Communities and Local Government [2009] PTSR 809, Dyson LJ had emphasised tha…”
- Cited — Bridges, R (On the Application Of) v South Wales Police 2020-08-11
“… It is unnecessary to set out that passage in full here. It is well known and has frequently been cited with approval since, including in Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811, at [73] (Lord Neuberger PSC).…”
- Considered — McMahon v Watford Borough Council 2020-04-08
“…The starting point for the test of vulnerability is now Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811. In that context, Hotak has been considered in a number of subsequent cases in this court. They include Panayiotou v Waltham Forest London Borou…”
- Cited — Guiste v The London Borough of Lambeth 2019-10-22
“…vant law in terms which are agreed to be substantially correct, referring to the guidance given by the Supreme Court in Hotak vSouthwark London Borough Council [2015] UKSC 30, [2016] AC 811. She also referred to the further guidance given by this court in Panayiotou v Waltham ForestLondon Borough Council [2017] EWCA Civ 1624, [2018]…”
- Cited — Adesotu v Lewisham London Borough Council 2019-08-02
“…tion of Part 3 (services and public functions), which includes the provision of homelessness assistance under Part 7 of the 1996 Act: see Hotak v Southwark LBC [2015] UKSC 30; [2016] AC 811 at [16]. In proceedings on a claim within s 114(1), assessors must be appointed under s 63(1) of the County Courts Act 1984 unless the judge is …”
- Considered — Kannan v London Borough of Newham 2019-02-04
“…10 also comes into play. The impact of this duty on decisions in the field of homelessness has been considered both by the Supreme Court (Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811) and also by this court (Haque v Hackney LBC [2017] EWCA Civ 4, [2017] PTSR 769; Lomax v Gosport BC [2018] EWCA Civ 1846, [2018] HLR 40). This d…”
- Cited — Lomax v Gosport Borough Council 2018-08-01
“…oderation, accepted that the approach to section 177 (2) set out in those cases required some modification where the PSED was engaged. In Hotak v Southwark LBC [2015] UKSC 30, [2016] AC 811 Lord Neuberger discussed the PSED in the context of vulnerability under the homelessness legislation, and concluded at [78]:…”
- Explained — Kamara v London Borough Of Southwark 2018-07-12
“…y person faced with homelessness. This is the test applicable under s.189(1) HA 1996 as interpreted and explained by the Supreme Court in Hotak v Southwark LBC [2015] UKSC 30. Permission was given by Asplin LJ for the Appellant to challenge the application of this test by the reviewing officer but that ground of appeal is no longer …”
- Cited — Jewish Rights Watch Ltd (t/a Jewish Human Rights Watch), R (On the Application Of) v Leicester City Council 2018-07-03
“…ate to refer to them all. As Lord Neuberger of Abbotsbury PSC (speaking for the majority of the Supreme Court) said in Hotak v Southwark London Borough Council [2015] UKSC 30; [2016] AC 811 at [73]-[75]:…”
- Cited — Rother District Council v Freeman-Roach 2018-03-06
“…w the judgment of the Supreme Court in Hotak v London Borough of Southwark, Kanu v London Borough of Southwark, Johnson v Solihull Metropolitan Borough Council [2015] UKSC 30, [2016] AC 811 (‘Hotak’). Lord Neuberger PSC (with whom Lady Hale DPSC and Lord Clarke, Lord Wilson and Lord Hughes JJSC agreed) prefaced his discussion of the…”