Hello,

would anybody be kind enough to forward a copy from their library of R v Coventry City Council ex.p Waite <1995>, unreported, 7 July, QBD or point me in the right direction of where to find it?

Any assistance would be much appreciated.

Kind Regards

Keysey

If it helps there is an abstract of it in Adviser Magaxine, edition 54. Afraid i don't have a copy myself though. Perhaps one of rightsnet's many CAB bods might have a back issue tucked away somewhere

By definition if it is unreported you are at best only going to find a summary of it in a journal or magazine, not the full case in the law reports.

If it has not been reported it will be because the law reporters did not think it was important enough to report, ie didn't raise any novel legal principles.

Transparency: I have advised LAs in relation to "exempt accommodation" cases and continue to do so.


Although unreported, Waite does in fact have some interesting findings in relation to the old rules on rent restrictions (i.e. "old" HBR 11; as was). Based on my knowledge of keysey's line of work, it's probably safe to assume his enquiry is related to the increasingly fraught battleground that is "exempt accommodation".

From the LA perspective, Waite would not normally give me any significant cause for concern. But, if used in selective isolation, Waite may just succeed in catching out a LA not familiar with the issues in question and/or where the LA is unaware of other case law covering similar ground(s).

As a general observation, cases noted in CPAG as being "unreported" can occasionally be found on bailii. But, "Waite" is not one of them (at least not so far as I can see).

Just as a brief demonstration that aspects of Waite can properly be argued against, "Pirie" is a case in point.

Pirie: www.bailii.org/ew/cases/EWHC/Admin/1997/331.html

In particular, para 28 onwards.

Thanks Kevin D and others for your advice and Kevin you are correct that this particular case relates to the currently contentious issue of 'exempt accommodation'. We may yet receive clarity one day!

Regards

Keysey

There is at least one person out there with a copy! See:

http://www.rightsnet.org.uk/dc/dcboard.php?az=show_topic&forum=102&topic_id=383&mode=full

Thanks, a hard copy is better than nothing!