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Kay v Lambeth London Borough Council

Kay v Lambeth London Borough Council

Case [2006] UKHL 10 8 March 2006

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AGLC: Kay v Lambeth London Borough Council [2006] UKHL 10
Case: [2006] UKHL 10
Decision Date: 8 March 2006

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Kay v Lambeth London Borough Council [2006] UKHL 10

Most Recent Citation

Cases Citing This Decision

Hoole v Pickens [2014] NZHC 620
Citation 1

…6 Fatac Ltd (In Liq) v Commissioner of Inland Revenue [2002] 3 NZLR 648 (CA) at [66]-[68]. 7 Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465.…
B v Waitemata District Health Board [2013] NZHC 1702
Citation 2 (Para 36)

…ch is not prohibited by law unnecessary: see Ngan v R [2007] NZSC 105, [2008] 2 NZLR 48 at [93]–[100]. 4 Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465 at [36].…
Winther v Housing New Zealand Corporation [2010] NZCA 601
Citation 3

…20 London Borough of Lewisham v Malcolm [2008] UKHL 43, [2008] 1 AC 1399. 21 Kay v London Borough of Lambeth [2006] UKHL 10, [2006] 2 AC 465. 22 Per Lord Bingham at [19] and Baroness Hale at [104]. 23 At [110].…
R (on the application of Purdy) (Appellant) v Director of Public Prosecutions (Respondent) [2009] UKHL 45
Citation 4

…is House and was not at liberty to apply the ruling of the Strasbourg court. No other course was open to it: see Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, paras 28, 42-45, per Lord Bingham of Cornhill; R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311,…
Knowsley Housing Trust (Respondents) v White (FC) (Appellant) Honeygan-Green (Respondent) vLondon Borough of Islington (Appellants) Porter (FC) (Appellant) v Shepherds Bush Housing Association (Respondents) [2008] UKHL 70
Citation 5

…ree appeals. Before doing so, however, it is worth referring to the recent citation by Lord Hope of Craighead in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, 507 of Lord Porter’s observation in Baker v Turner [1950] AC 401, 417 that “the rules of formal logic must not be applied … with to…
R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63
Citation 6

…the Court of Appeal considered the point by reference to what Lord Bingham of Cornhill said in paras 40 to 45 of Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465. At para 42, Lord Bingham, described “the doctrine of precedent” as “a cornerstone of our legal system”. In the following paragraphs…
R (on the application of Countryside Alliance and others and others (Appellants)) v Her Majesty's Attorney General and another (Respondents)R (on the application of Countryside Alliance and others (Appellants) and.. [2007] UKHL 52
Citation 7

…ecisions of the House in Harrow London Borough Council v Qazi [2003] UKHL 43, [2004] 1 AC 983, and Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465.…
Belfast City Council v Miss Behavin' Ltd [2007] UKHL 19
Citation 8

…nce of any challenge to that scheme, the appeal should succeed on that ground alone. The present scheme is not analogous with Kay v. Lambeth L.B.C. [2006] UKHL 10; [2006] 2 AC 465. Here, the Council had a licensing jurisdiction, in the exercise of which it was both able and bound to act compatibly with the Conven…
Huang v Secretary of State for the Home Department [2007] UKHL 11
Citation 9

…tate nevertheless put his case much higher even than that. She relied by analogy on the decision of the House in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, where the House considered the article 8 right to respect for the home. It held that the right of a public authority landlord to en…
In the matter of an application by Noeleen McAleenon for Judicial Review (AP) (Appellant) (Northern Ireland) [2024] UKSC 31
Citation 10

…e conveniently and effectively available, they ought ordinarily to be used before resort to judicial review: Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, para 30; R (Watch Tower Bible & Tract Society of Britain) v Charity Commission [2016] EWCA Civ 154; [2016] 1 WLR 2625, para 19.…
Akerman-Livingstone (Appellant) v Aster Communities Limited (formerly Flourish Homes Limited) (Respondent) [2015] UKSC 15
Citation 11

…he law. In three successive cases, Harrow London Borough Council v Qazi [2003] UKHL 43; [2004] 1 AC 983, Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, and Doherty v Birmingham City Council [2008] UKHL 57; [2009] AC 367, the House of Lords held that a residential occupier, who had no right…
Norris v Government of the United States of America (No 2) [2010] UKSC 9
Citation 12

…tioning of the system or for the domestic law of landlord and tenant. As the minority of the House of Lords in Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465 observed …. , it would be only in very exceptional cases that an applicant would succeed in raising an arguable case which would requi…
Belfast City Council v. Miss Behavin' Ltd (Northern Ireland) [2007] UKHL 19
Citation 13

…ny challenge to that scheme, the appeal should succeed on that ground alone. The present scheme is not analogous with Kay v. Lambeth L.B.C. [2006] UKHL 10; [2006] 2 AC 465. Here, the Council had a licensing jurisdiction, in the exercise of which it was both able and bound to act compatibly with the Convention: cf…
Countryside Alliance and others, R (on the application of) v Attorney General & Anor [2007] UKHL 52
Citation 14

…7 and the decisions of the House in Harrow London Borough Council v Qazi [2003] UKHL 43, [2004] 1 AC 983, and Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465. The fourth heading advanced on was "loss of livelihood/home", and the authority mainly, and strongly, relied on was Sidabras and Dziau…
Doherty & Ors v Birmingham City Council [2008] UKHL 57
Citation 15

…red in Kay and Price and how that guidance should be applied in this case. Qazi as modified by Kay In Kay and others v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465 (which I shall refer to from now on as Kay ) it was held by the majority, affirming Qazi , that the county courts, when faced with a…
Huang v Secretary of State for the Home Department [2007] UKHL 11
Citation 16

…nevertheless put his case much higher even than that. She relied by analogy on the decision of the House in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, where the House considered the article 8 right to respect for the home. It held that the right of a public authority landlord to enforc…
Knowsley Housing Trust v White [2008] UKHL 70
Citation 17

…n by Lord Hope of Craighead in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, 507 of Lord Porter's observation in Baker v Turner [1950] AC 401, 417 that "the rules of formal logic must not be applied … with too great strictness" to legislation conferring security of tenure on residential te…
Purdy, R (on the application of) v Director of Public Prosecutions [2009] UKHL 45
Citation 18

…is House and was not at liberty to apply the ruling of the Strasbourg court. No other course was open to it: see Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, paras 28, 42-45, per Lord Bingham of Cornhill; R (RJM) v Secretary of State for Work and Pensions [2008] UKHL 63, [2009] 1 AC 311,…
RJM, R (On The Application of) v Secretary of State For Work and Pensions [2008] UKHL 63
Citation 19

…to what Lord Bingham of Cornhill said in paras 40 to 45 of Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465. At para 42, Lord Bingham, described "the doctrine of precedent" as "a cornerstone of our legal system". In the following paragraphs, he referred to the "potential pitfalls" of the Court…
Akerman- Livingstone v Aster Communities Ltd [2015] UKSC 15
Citation 20

…he law. In three successive cases, Harrow London Borough Council v Qazi [2003] UKHL 43; [2004] 1 AC 983, Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, and Doherty v Birmingham City Council [2008] UKHL 57; [2009] AC 367, the House of Lords held that a residential occupier, who had no right…
AM (Zimbabwe) v Secretary of State for the Home Department [2020] UKSC 17
Citation 21

…me out of step with the jurisprudence of the ECtHR, that decision remained binding on the Court of Appeal: Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465. Accordingly he conceded before the Court of Appeal that, at that level, his appeal, newly formulated by reference to article 3, fell to b…
Hallam, R (on the application of) v Secretary of State for Justice [2019] UKSC 2
Citation 22

…taking them into account, this court recognises their particular significance. As Lord Bingham observed in Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, para 44:…
London Borough of Hounslow v Powell [2011] UKSC 8
Citation 23

…Civ 336 on 30 March 2010. As Waller LJ explained in para 4, the court held that it was bound by what was said in Kay v Lambeth London Borough Council [2006] UKHL 10, [2006] 2 AC 465, para 110, as to the circumstances in which a county court might decline to make a possession order. They were limited to two situat…
Manchester City Council v Pinnock [2010] UKSC 45
Citation 24

…House of Lords are Harrow London Borough Council v Qazi [2003] UKHL 43; [2004] 1 AC 983 , Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, and Doherty v Birmingham City Council [2008] UKHL 57; [2009] 1 AC 367. In each of them the defendants were residential occupiers of properties owned by a…
Manchester City Council v Pinnock [2011] UKSC 6
Citation 25

…e House of Lords are Harrow London Borough Council v Qazi [2003] UKHL 43; [2004] 1 AC 983, Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, and Doherty v Birmingham City Council [2008] UKHL 57; [2009] 1 AC 367. In each of them the defendants were residential occupiers of properties owned by a…
McAleenon, Re Application for Judicial Review (Northern Ireland) [2024] UKSC 31
Citation 26

…s are conveniently and effectively available, they ought ordinarily to be used before resort to judicial review: Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, para 30; R (Watch Tower Bible & Tract Society of Britain) v Charity Commission [2016] EWCA Civ 154; [2016] 1 WLR 2625, para 19. Whe…
Norris v Government of United States of America [2010] UKSC 9
Citation 27

…nctioning of the system or for the domestic law of landlord and tenant. As the minority of the House of Lords in Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465 observed …. , it would be only in very exceptional cases that an applicant would succeed in raising an arguable case which would req…
Poole Borough Council v GN & Anor [2019] UKSC 25
Citation 28

…59. The case of Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465 was not concerned with social services, but it raised a question as to whether there were circumstances in which lower courts might not be bound by decisions of the House of Lords, in the light of contrary decisions of the Europe…
Director of Public Prosecutions v Durham (deceased) & Ors (Trinidad and Tobago) [2024] UKPC 21
Citation 29

…alternative remedy that is "conveniently and effectively" available (see Sharma at paras 14(5), 24, 31 and 34; Kay v Lambeth London Borough Council [2006] UKHL 10; [2006] 2 AC 465, para 30). The availability of an alternative remedy is a discretionary bar (see Sharma at para 14(4)). Whilst judicial review of a pr…

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