R (Turner) v Southampton City Council [2009] EWCA Civ 1290

Unsuccessful challenge to the closure of care homes on Article 2 grounds: the test of a "real and immediate risk" is one that is not readily satisfied, in other words the threshold is high; the evidence in this case fell far short of the threshold. Interesting post-script to judgment, critical of solicitor and her repeated similar claims.

Other

R (Emily Turner) v Southampton City Council; R (Hilda Milsom) v Hull City Council

Hearing date: 5/11/09

Judgment: 27/11/2009

Before: Sedley LJ, Toulson LJ

Ms Yvonne Hossack (instructed by Hossacks Solicitors) for both Appellants

Mr Akhlaq Choudhury (instructed by Southampton City Council) for the first Respondent

Mr Adrian Berry (instructed by Hull City Council) for the second Respondent

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Bailii