The Public and Third Sector Law Reports
[2013] PTSR 13
Court of Appeal
Konodyba
v
Kensington and Chelsea Royal London Borough Council
[2012] EWCA Civ 982
2012 July 3;
20
Lord Neuberger of Abbotsbury MR, Longmore, Gross LJJ
Estoppel— Per rem judicatam— Issue estoppel— Application for housing assistance rejected on basis applicant subject to immigration control— Court of Appeal granting permission to appeal on single ground of appeal— Applicant withdrawing ground of appeal at hearing and seeking to appeal on different grounds— Court of Appeal dismissing appeal— Judge rejecting fresh application for housing assistance on basis of res judicata and abuse of process— Whether abuse of process
Local government— Homeless person— Council’s duty— Duty to provide accommodation— Application for housing assistance rejected on basis applicant national of state acceding to European Union and subject to immigration control— Withdrawal of single ground of appeal for which Court of Appeal granted permission and appeal sought on different grounds— Court of Appeal dismissing appeal— Fresh application for housing assistance rejected by housing review officer on basis medical evidence showing applicant not likely to work in future— Whether proper to raise question of ability to work in earlier proceedings— Whether review officer’s assessment valid—
Immigration (European Economic Area) Regulations 2006 (SI 2006/1003), reg 6
—
Council Regulation (EEC) No 1612/68, art 12
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