Stephanie Smith Analyses the High Court’s Approach to Fresh Homelessness Applications in Lyrae v Somerset
𝗧𝗼 𝗯𝗲 𝗼𝗿 𝗻𝗼𝘁 𝘁𝗼 𝗯𝗲…𝘁𝗵𝗲 𝗿𝗲𝗰𝘂𝗿𝗿𝗶𝗻𝗴 𝗾𝘂𝗲𝘀𝘁𝗶𝗼𝗻 𝗼𝗳 𝘄𝗵𝗲𝗻 𝗮 𝗵𝗼𝗺𝗲𝗹𝗲𝘀𝘀𝗻𝗲𝘀𝘀 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗶𝘀 𝗮𝗻 𝗮𝗽𝗽𝗹𝗶𝗰𝗮𝘁𝗶𝗼𝗻 𝗮𝘁 𝗮𝗹𝗹 (𝗥 (𝗟𝘆𝗿𝗮𝗲) 𝘃 𝗦𝗼𝗺𝗲𝗿𝘀𝗲𝘁 𝗖𝗼𝘂𝗻𝗰𝗶𝗹
Stephanie Smith (formerly Lovegrove) has written a Local Government analysis in partnership with LexisNexis UK.
Local Government analysis: The High Court has followed the dicta of the Court of Appeal in Rikha Begum (as explained and applied in Minott and Ivory) that the proper approach to whether a further ‘fresh’ homeless application amounts to an application at all involves two stages of inquiry: firstly, is the subsequent application an application at all (‘stage one’), to which the answer will only be ‘no’ if it is based on precisely the same facts as the previous application (disregarding fanciful allegations and trivial facts); and secondly, if it is an application, is it well-founded which involves s.184-type inquiries (‘stage two’). In quashing and remitting Somerset’s refusal to accept a purported second application from Ms Lyrae, Eyre J rejected Somerset’s legal submissions that (i) ‘significant’ new evidence of fact meant evidence of substance which advanced matters relevant to the issue for determination, (ii) that a subsequent application
You can read the full analysis here.
