Wragge & Co LLP's Commercial Litigation team secured a Court of Appeal victory for Croydon Council in a complex homelessness housing review case - (1) Fred Green (2) Maryann Coyne v Croydon London Borough Council [2007] EWCA Civ 1367.

The appellants appealed against an earlier decision dismissing their appeal against the council's decision that they were intentionally homeless due to their failure to pay rent. A possession order had been granted on the basis of their rent arrears. The council's reviews officer relied on that order when reaching the decision that the appellants were intentionally homeless.

The appellants argued that the council had failed to properly investigate their explanation that the possession order had been granted in error. They also argued that the council had failed to determine whether the judge who had granted the possession order had been correct.

Lord Justice Mummery, Lord Justice Jacob and Mr Justice Mann heard the appeal. They held unanimously that where a court of competent jurisdiction makes a possession order on the basis of rent arrears, a reviews officer is entitled to rely on that court's decision. The officer is not required to conduct enquiries to go behind that decision.  Accordingly, the appeal was dismissed.

The Wragge & Co team comprised Kathryn Hume, Susan Elmore, Wayne Wilmot and Nicholas Cobill. They worked alongside Jo Duncan, Principal Reviews Officer in the Homeless Persons Section of the Housing Department at Croydon Council, and barrister Wayne Beglan of 2-3 Gray's Inn Square. Flack & Co acted on behalf of Green & Coyne.

Nicholas Cobill said: "Our experienced team of litigators ensured that the council's principles and public resources were preserved. The Court of Appeal's decision is a fantastic outcome for Croydon Council and a point of law that other local authorities can refer to and benefit from."

Councillor Dudley Mead, cabinet member for housing said: "We are pleased that the judges agreed with Croydon Council's interpretation of the legislation: had they not done so this would have had implications for authorities in terms of the level and depth of enquiries needed in such cases."

Wragge & Co has worked with Croydon Council for eight years, providing advice and assistance on matters ranging from litigation to major projects. The council re-appointed Wragge & Co to its panel in August 2007.

Commercial litigation is one area of expertise within Wragge & Co's 18-partner Dispute Resolution group. It completes a broad mix of domestic and international work for major names including Enterprise Inns, British Airways and Scottish & Newcastle.

In the past month, Wragge & Co litigators have secured a number of victories in the Court of Appeal. These include securing the recusal of Mr Justice Singer from a multi-million pound case and Fairfax Gerrard Holdings Ltd and others v Capital Bank Plc.

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For further information about this press release, contact Kathryn Hobbs on +44 (0)121 213 2397, Alexa Highfield on +44 (0)121 213 2396 or Amie Ryalls on +44 (0)121 213 2360

This press release may contain information of general interest about current legal issues, but does not give legal advice.