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R Weaver v- London Quadrant Housing Trust

R (Weaver)

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R Weaver v- London Quadrant Housing Trust

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    1. R (Weaver) –v- London & Quadrant Housing Trust Byron D J Britton LLM Barrister 5 Paper Buildings Temple London EC4Y 7HB

    2. R (Weaver) –v- London & Quadrant Housing Trust Judgement: 18th June 2009 Neutral Citation No: [2009] EWCA Civ 587 Majority decision 2:1 Lord Collins, Lord Justice Elias dismiss appeal Lord Justice Rix dissenting Notice of Appeal filed with UKSCt on 25/8/09

    3. R (Weaver) –v- London & Quadrant Housing Trust The Declaration “The management and allocation of housing stock by the Defendant (including decisions as to the termination of a tenancy) is a function of a public nature, with the effect that the Defendant is to be regarded as a public authority in that respect for the purposes of the Human Rights Act 1998, s.6(3)(b), and that the Defendant is accordingly amenable to judicial review on conventional public law grounds in respect of its performance of the above function.”

    4. R (Weaver) –v- London & Quadrant Housing Trust S.6 HRA 1998 It is unlawful for a public authority to act in a way which is incompatible with a Convention right (3) Public authority includes (b) any person certain of whose functions are of a public nature (5) In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private

    5. R (Weaver) –v- London & Quadrant Housing Trust The Majority Decision Elias LJ at paras 68-72 & 73-76 The provision of public subsidy; Allocation in close harmony with local authorities, reinforced by LSVTs; The nature of subsidised housing Public interest, charitable objectives, & regulation

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