Judicial Review

 Posted by on 24th July 2017
Jul 242017

This week, July 24th, should see a response from Claire Kober's law firm [Pinsent Masons] to the recent letter sent to them by Leigh Day informing of the intended action in the High Court if they go ahead with the HDV decision at Cabinet in July, as they have now done --- the Pre-Action Letter sent much earlier gave reasons of non or inadequate consultation, lack of transparency on financial risk and flawed Equalities Impact to which have been added the implications of post-Grenfell disaster on HDV setting up, safety and costs. The latter is why they wanted more time to respond.

Filing of the JR application is then now immanent as it is already clear that the Council Leader has no intention of re-thinking this. We have asked that they sign no contracts with Lendlease while the issue is in legal dispute, and that they agree to accept the request to a judge for a £20,000 community interest cap on any awards which could arise from decisions of the court. Whatever they decide however it will up to a judge in court to consider the reasonableness of our - and their - actions. We believe that the very considerable local, community,union, party, MPs and growing media support for our campaign cannot be ignored even though that is effectively what the Cabinet has done, again after the Scrutiny Call-in and 45 minute reconvening of Cabinet on 20 July.

A date for a hearing is expected soon after application this month - assuming only that the judge agrees there is a case to answer. That is most likely to be after the summer period. Meanwhile the barristers, David Wolfe QC and Sarah Sackman are well briefed. They also have experience of the issues south of the river, such as Cressingham Gardens. It is heartwarming that we have raised £25,000 to date to fight this and many thanks are owed to the several hundred contributors and the solidarity that has created. This nothing less than the fight for our right to our homes, whether Council tenants, housing association renters, private renters, leaseholders.