Page 1 of 1

Declaratory relief as an alternative to judicial review?

PostPosted: Fri Sep 08, 2017 2:26 am
by harlequin
Is it possible to obtain a declaratory judgment from an English court stating what someone's residential status was on a particular date, or during a specified period of time?

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Fri Sep 08, 2017 7:37 am
by atticus
I am not aware that we have any regulars here with the requisite degree of knowledge of housing law. What you say may be possible, but given that you raise this course as an alternative to JR, I really cannot say whether it is a good way of trying to achieve your ultimate objective.

You could try finding the "Nearly Legal" blog by the housing law team of Anthony Gold solicitors (not my firm) and having a look around there.

Sorry I cannot be more helpful.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Fri Sep 08, 2017 12:12 pm
by dls
'Residential status' can have very different meanings in different contexts.

Declaratory relief can be available, but additional preconditions may apply according to the circumstances.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Sat Sep 09, 2017 12:05 am
by harlequin
atticus wrote:I am not aware that we have any regulars here with the requisite degree of knowledge of housing law. What you say may be possible, but given that you raise this course as an alternative to JR, I really cannot say whether it is a good way of trying to achieve your ultimate objective.


It's a public law issue, involving an oblivious public authority that is continuing to act outside the scope of its authority, and a declaratory judgment affirming that someone's residential status was in fact X on a particular date would make it quite plain that this was the case all along.

atticus wrote:Sorry I cannot be more helpful.


I'm sorry for being so vague.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Sat Sep 09, 2017 1:38 am
by harlequin
dls wrote:'Residential status' can have very different meanings in different contexts.

Declaratory relief can be available, but additional preconditions may apply according to the circumstances.


It all rests on whether someone's residential status can fit the meaning of "ordinary" within the context of a particular piece of delegated legislation—and the threshold for meeting that requirement is a very low one.

And again, apologies for any vagueness on my part.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Sun Sep 10, 2017 2:01 pm
by dls
Why ask for it as an alternative to judicial review?
Sorry, but and again, residential status might ean very different things within even housing law.

Do you refer to the connection with a particular Borough so as to place any housing duty on them, or teh statusas a homeles person, or the status as someone entitled toassistance as a homeless person.

Sureley, and in any event whateer situation is at issue the primary requirement is the provision of whichever service is required, and if there is any doubt about what ay be available, declaratory relief would likely only be a backstop to a more direct claim.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Tue Sep 12, 2017 12:35 am
by harlequin
dls wrote:Why ask for it as an alternative to judicial review?


Because it's a public law issue, a clear error of law has been committed, and there is no statutory right of appeal available.

dls wrote:Sorry, but and again, residential status might ean very different things within even housing law.


This isn’t a housing law issue and the threshold for meeting the residential requirement is low.

dls wrote:Do you refer to the connection with a particular Borough so as to place any housing duty on them, or teh statusas a homeles person, or the status as someone entitled toassistance as a homeless person.


No.

dls wrote:Sureley, and in any event whateer situation is at issue the primary requirement is the provision of whichever service is required, and if there is any doubt about what ay be available, declaratory relief would likely only be a backstop to a more direct claim.


The public body isn't doing what it's legally required to do and a declaratory judgment alone could prevent further harm from occurring.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Tue Sep 12, 2017 6:40 am
by atticus
If there is no other course available to you, then you must decide whether to follow it or let it go. You are probably right to be cautious with detail. This means that it remains impossible to tell whether a declaration will in fact achieve anything in the specific case; I suppose there may be some precedent value for future cases.

Re: Declaratory relief as an alternative to judicial review?

PostPosted: Tue Sep 12, 2017 9:28 am
by harlequin
atticus wrote:If there is no other course available to you, then you must decide whether to follow it or let it go.


I've yet to determine whether any other courses are available.

atticus wrote:This means that it remains impossible to tell whether a declaration will in fact achieve anything in the specific case.


A simple declaration would in fact achieve the required result, but it remains impossible to tell whether an accessible method of obtaining one actually exists.

atticus wrote:I suppose there may be some precedent value for future cases.


Yes, I expect there would be.