Judicial review challenge to revocation of Debt Relief Order

2 July 2013

R (Howard) v Official Receiver [2013] EWHC 1839 concerned a claim for judicial review of a decision by the Official Receiver (OR) to revoke a Debt Relief Order (DRO). Garden Court North Chambers’ Ben McCormack acted for the Claimant, instructed by Carol Moores of Oldham CAB.

A DRO was approved in respect of the Claimant. A few months later she received a back payment of working tax credits which took her over the monthly income threshold, and the OR decided to revoke the DRO. The Claimant, who is disabled, challenged that decision by way of judicial review, contending that the OR had made the decision no regard had been paid to section 149 Equality Act 2010 (the public sector equality duty). However, the High Court has ruled that when the OR revoked the DRO she was exercising a ‘judicial function’ and thus was not required to comply with section 149 due to the terms of paragraph 3 of Schedule 18 to the EA 2010.

News

News

James Stark successfully appeals possession order made against vulnerable client

Garden Court North’s James Stark successfully appealed against an outright possession order against his vulnerable client's home.

News

Garden Court North hosts second Mark George KC Memorial Lecture

The second Mark George KC Memorial Lecture brought together lawyers, academics and campaigners to discuss wrongful convictions.

News

Garden Court North’s housing team pay tribute to Giles Peaker

Garden Court North's housing team is deeply sorry to hear of the passing of legendary housing solicitor Giles Peaker.

News

Nina Grahame KC in The Times: retirement, theatre to law, vulnerable female defendants

Garden Court North’s Nina Grahame KC discusses her pending retirement and high-profile cases after 33 years at the Criminal Bar.

Sign up to our mailing list

Our mailing list is dedicated to professionals with an interest in our work.

Sign up