The Court of Appeal has now handed down its long awaited judgment in the case of R(Weaver) v London and Quadrant Housing Trust 2009 Civ 587.

The appeal by London and Quadrant against the declaration granted by the Divisional Court was to the effect that, in deciding to start possession proceedings against Ms Weaver, L&Q were exercising a public function for the purposes of the Human Rights Act and was potentially subject to judicial review in conventional domestic proceedings.

The Court of Appeal by a majority dismissed the appeal and upheld the decision of the Divisional Court.

The case is now one of the leading authorities on “hybrid” bodies and the dividing line between public and private functions; and has wide implications for the management functions of the registered social landlord sector. The nature of the subsidy regime played a decisive part in the reasoning of the majority.

Richard Drabble QC (with Matthew Hutchings) appeared for Ms Weaver.