Heavey v The Greater London Authority

Page 1

In the County Court at Central London

Claim Form

Fee Account no. For court use only

Claim no. Issue date You may be able to issue your claim online which may save time and money. Go to www.moneyclaim.gov.uk to find out more.

Claimant(s) name(s) and address(es) including postcode Declan Heavey, 71 Queens Road West, London N13 0PE

SEAL

Defendant(s) name and address(es) including postcode The Greater London Authority c/o Transport for London Legal, Windsor House, 42-50 Victoria Street, London SW1H 0TL

Brief details of claim The Claimant challenges the Defendant for depriving him of his right of review in respect of its decision to refer him and his wife from the Mayor of London’s Housing First programme to the Mayor’s Clearing House programme (the “referral decision”), thereby terminating their eligibility for their flat because they are able to live independently. On 12 August 2015 the High Court refused the Claimant permission to apply for Judicial Review, principally because his Claim Form was not filed within 3 months after the grounds to make the claim arose on 4 September 2014. It is evident from the email the Claimant received on 4 September 2014, judicial review pre-action correspondence and the Defendant’s Grounds of Defence (in particular paragraph 13) that the Claimant has been repeatedly deprived of his right of review, and that the Defendant has not properly considered the impact of the referral decision on his family life. It has not taken into account the Claimant and his wife’s needs and vulnerable position as rough sleepers for almost 4 years in total. The Claimant is therefore making an application to the Court for a declaration that the Defendant has acted unlawfully and an order that it reviews the referral decision and provides the Claimant with the opportunity to appeal to an independent tribunal if he is not satisfied with the outcome.

Value The Claimant expects to recover damages for distress of not more than £1,000.

You must indicate your preferred County Court Hearing Centre for hearings here (see notes for guidance) County Court at Cenral London, Royal Courts of Justice Defendant’s name and address for service including postcode

The Greater London Authority Transport for London Legal Windsor House 42-50 Victoria Street London SW1H 0TL

£ Amount claimed

1,000.00

Court fee Legal representative’s costs Total amount

£1,000.00

For further details of the courts www.gov.uk/find-court-tribunal. When corresponding with the Court, please address forms or letters to the Manager and always quote the claim number. N1 Claim form (CPR Part 7) (05.14)

© Crown Copyright 2014


Claim No.

Does, or will, your claim include any issues under the Human Rights Act 1998? ✔ Yes

No

Particulars of Claim (attached)(to follow) Please see attached Particulars.

Statement of Truth *(I believe)(The Claimant believes) that the facts stated in these particulars of claim are true. * I am duly authorised by the claimant to sign this statement Full name Declan Jude Heavey Name of claimant’s legal representative’s firm N/A signed position or office held N/A *(Claimant)(Litigation friend) (if signing on behalf of firm or company) (Claimant’s legal representative) *delete as appropriate

4XHHQV 5RDG :HVW /RQGRQ ( 3( (PDLO GKHDYH\#JPDLO FRP

Claimant’s or claimant’s legal representative’s address to which documents or payments should be sent if different from overleaf including (if appropriate) details of DX, fax or e-mail.

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