Just to let everyone know that a judicial review claim has been launched in the High Court which raises the question of the correctness of the guidance in Circular G10/2008, which asserts that to bring themselves within the LHA scheme prior to the aniversary of the Rent Officer's assessment, a claimant must discontinue an existing claim.

The council sent letters effectively saying that without discontinuing an existing claim, the claimant was not entitled to have her new claim assessed under LHA. The claimant appealed to the Tribunal, and the council asserted that the appeal was out of jurisdiction. It was struck out by the Tribunal.

The claim therefore challenges both the council's stance and the striking out of the appeal.

Case name: R (Horowitz) v (1) London Borough of Hackney (2) A District Chairman of the Appeals Tribunals (CO/10335/2008)

I will let people know when the court makes an order about permission. Expedition has also been requested.