ON APPEAL FROM CENTRAL LONDON COUNTY COURT
HHJ SAGGERSON
H00WT502
Royal Courts of Justice
Strand
London
WC2A 2LL
Before:
LORD JUSTICE NUGEE
Between:
JEROME YOUNG
(by his litigation friend the Official Solicitor)
Defendant/Appellant
- and -
THE MAYOR & BURGESSES OF THE
LONDON BOROUGH OF WANDSWORTH
Claimant/Respondent
MR DANIEL GRUTTERS (instructed by Morrison Spowart Solicitors)
appeared for the Defendant / Appellant
MR LINDSAY JOHNSON (instructed by South London Legal Partnership)
appeared for the Claimant / Respondent
APPROVED JUDGMENT
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LORD JUSTICE NUGEE:
With considerable misgiving, I am going to give you permission to appeal, Mr Grutters. I think you have persuaded me that this legislation, which is notoriously difficult to apply, is sufficiently unclear that local authorities up and down the country really ought to know when and in what circumstances they have to tell clients that they are entitled to reviews. I do accept that it is at least possible that a review by the local authority is rather different from a decision by a district judge.
It does not mean that I have actually changed any of the views I expressed in the order I made previously but I am persuaded that the contrary is sufficiently arguable to allow you to take it forward to a full appeal without, I have to say, very much encouragement to believe that you will succeed. However, I think you should have the opportunity to try to persuade three of my colleagues that my views are wrong.
So I will give you permission to appeal. I will continue the stay until determination of the appeal. I suggest it be listed for a day.
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(This Judgment has been approved by the Judge.)
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