Jurisdiction(s):
United Kingdom

Section 204 HA 1996 appeal naming wrong respondent not a nullity: correction permitted under CPR 3.10/52.17 where substantial compliance (South Oxfordshire DC v Fertre) (England and Wales)

Published on: 19 February 2024

Published by a LexisNexis Local Government expert

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Article summary

South Oxfordshire District Council and another v Fertre [2024] EWHC 112 (KB)

What are the practical implications of this case?

It is not uncommon for an appellant to err when completing an appellant’s notice. In this matter, the High Court found that, where there is substantial compliance with the essential requirements, the appeal is properly instituted and the court retains power to rectify the error. Put another way, so long as the core formalities are met in substance, the appeal is validly brought despite a defect. The mistake here was serious and fundamental: the notice identified the wrong respondent. Even so, the two authorities had integrated their arrangements, sharing premises, a housing officer, a legal department and email accounts. The same review officer handled reviews under Part 7 of the Housing Act 1996 (HA 1996) for both authorities and used a single email address for correspondence for both. The authorities also maintained a common email address for the service of legal proceedings. As a result, although the appellant’s solicitors named the incorrect authority as respondent, the appellant’s notice nevertheless reached the appropriate personnel who work for both authorities, ensuring the documents came to the attention of those responsible...

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