Using case law in housing enquiries
A how to guide on finding relevant case law for housing enquiries
Finding case law
If you have a copy of the LAG Housing Law Casebook in your local office, this offers a synopsis of many of the most significant housing cases. Cases can be found by searching the ‘table of cases’ at the front of the book (it is always worth checking both party names in case the order of listing has been reversed, or some abbreviation used). If you have not already identified a particular case which you are looking for, then the book is divided into chapters. This means that you can check the chapter which specifies, for example, relevant case law to homelessness, subdivided further into topics such as ‘eligibility’ or ‘enquiries, decisions, reasons and reviews’. Another helpful tip for finding further case law is to search the book by the section of legislation which you are considering under the ‘table of statutes’ section — this can be useful in finding case law relevant to a very specific point. Other key housing law books will reference relevant case law in the footnotes (or may reference sections of relevant legislation, which will allow you to find case law by the method mentioned previously).
It is possible to obtain a copy of most court judgments in full for free from the British and Irish Legal Information Institute (BAILII) — a website every caseworker should bookmark as a favourite. For any judgments which are not on BAILII, the Expert Advice Team do have further subscription only resources which may enable us to assist you in finding a summary or transcript of a particular case.
Using case law
Case law may be useful in helping you to understand your client’s legal position and options, by looking at the decisions that courts have made before on specific points, or in cases where the facts may be broadly similar. It is worth considering not only what is the same, but also how your case might be distinguished from a previous judgement. Understanding how the courts are likely to interpret any case your client may bring can be the key to avoiding court action — either because it is identified that there is little prospect of success and the matter may be best not pursued on that basis — or in identifying a strong prospect of success (or clear legal precedent), which will enable the negotiation of an outcome favourable to your client with the opposing party.
Those cases decided in the higher courts (European Court of Human Rights, Supreme Court, Court of Appeal and High Court) create ‘precedents’ — they are binding on the lower courts, meaning that the county court cannot deviate from a position decided in a higher court. Doing so (in the absence of identifying a clear legal basis for distinguishing a case from precedent) would provide grounds for appeal — the judge would have erred in law. Decisions made in the county courts are not binding — but may nonetheless sometimes be published on the basis that they are ‘persuasive’ (i.e. the arguments made and the reasoning of the judge may shed light on a similar case). County court cases will tend to be persuasive on issues such as levels of damages, and on issues which have not yet been decided by the higher courts (for example where legislation is fairly recent). County court cases are not generally reported other than in cases where the judgement is considered likely to be persuasive — keep an eye on our updates as well as other housing law blogs, newsletters and publications.
Tell us…
We would be interested to know how you use case law — and in particular where it has helped you to advise, negotiate, or achieve an outcome at court which you consider a success for your client. If you work in a local Citizens Advice Office, please drop us an email with your story.
Amy Hughes is a member of the Housing Expert Advice Team at Citizens Advice.
