Reading Borough Council v Tina Holland
[2023] EWHC 1902 (Ch)
Steven Laidley v Metropolitan Housing Trust Limited
16 July 2024
[2024] EWHC 2611 (Ch)
High Court
A landlord wanted to evict a tenant with mental health issues who was making noise. A special advisor helped the judge understand the situation. The judge decided the eviction was fair, and the court of appeal agreed, emphasizing the importance of balancing the needs of all parties.
Key Facts
- •Appeal concerning a possession order for a social housing flat occupied by Mr. Laidley.
- •Mr. Laidley suffers from a delusional disorder and lacks capacity to litigate.
- •The Metropolitan Housing Trust (Trust) sought possession due to Mr. Laidley's disruptive behavior (constant banging on the wall).
- •The County Court judge allowed the Trust's claim for possession.
- •The appeal challenges two orders: refusal to disclose the Equality Act assessor's advice and the possession order itself.
- •The appeal grounds relate to the court's use of the Equality Act assessor.
Legal Principles
Security of tenure for assured periodic tenants under the Housing Act 1988.
Housing Act 1988, Schedule 2
Definition of disability under the Equality Act 2010.
Equality Act 2010, Section 6(1)
Prohibition of discrimination against disabled persons under the Equality Act 2010.
Equality Act 2010, Section 15(1)
Public sector equality duty for public authorities under the Equality Act 2010.
Equality Act 2010, Section 149
Mandatory appointment of assessors in Equality Act proceedings unless good reasons exist.
Equality Act 2010, Section 114(7)
Court's discretion in using assessors under the County Courts Act 1984 and CPR 35.15.
County Courts Act 1984, Section 63(1); CPR 35.15
Common law principle of natural justice requiring disclosure of evidence.
Al Rawi v Security Service [2012] 1 AC 531; Krcmár v The Czech Republic (2001) 31 EHRR 41
Practice regarding disclosure of nautical assessor's evidence (Manzanillo II and subsequent cases).
Owners of Bow Spring v Owners of the Manzanillo II [2004] EWCA Civ 1007; The Global Mariner [2005] EWHC 380 (Admlty); Watson v GMC [2005] EWHC 1896; Halliburton Energy Services Inc v Smith International (No. 2) [2006] EWCA Civ 1599
Previous case law on disclosure of assessor's advice in discrimination claims (Ahmed v University of Oxford).
Ahmed v University of Oxford [2002] EWCA Civ 1907
Outcomes
Appeal dismissed regarding the refusal to disclose the assessor's evidence.
The assessor's role was to assist in evaluating evidence, not provide independent evidence. Disclosure wasn't required in these circumstances.
Appeal dismissed regarding the judge's use of the Equality Act assessor.
The assessor's expertise was relevant to the proportionality assessment, a mixed question of fact and law. No procedural unfairness was shown.
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