Lawyers slammed over eviction

The in-house legal department at the London Borough of Southwark has been blasted by a High Court judge for its part in the council breaching an undertaking not to evict a woman.In a scathing judgment finding the council guilty of contempt, Mr Justice Munby catalogued the systematic failure, which saw the council's housing department act in ignorance of an undertaking given to another judge by the social services department and authorised by an in-house solicitor.The defence that the undertaking was given by social services was 'simply legal illiteracy', said the judge, as it bound the whole council.

The in-house team, with 26 solicitors, conducted the contempt defence.The judge said the potential for inter-department confusion was exacerbated by the legal department's separation of housing cases involving judicial review.

He said Southwark failed to have procedures which shared information and avoided situations like this.At the hearing, the council only called 'Ms M', the in-house solicitor involved, who has since left for unrelated reasons.

The judge said that 'in certain respects, I am bound to say, she is to be criticised', but decided it would be a 'grave injustice' to name her and not the others culpable.He said the steps Ms M took to tell housing about the undertaking were 'wholly inadequate'.When she learned about the eviction from the claimant's solicitors, London firm Powell & Co, Ms M advised housing to reinstate her but officials refused.

The judge, who awarded indemnity costs, said this was 'deplorable and inhumane'.

The woman was quickly rehoused, although the council did not apologise or explain until the case reached court.Victor Jibuike, an assistant at Powell & Co, was 'not impressed' by Southwark's legal department, which he said often acted arrogantly.Deborah Holmes, the borough solicitor, said she took great exception to that charge, noting that there had been no finding of arrogance in this case.

She said she would want to hear of any such instances, so they could be dealt with.Ms Holmes said she has written to Powell & Co to apologise.

'It's a matter of great embarrassment and regret to all of us,' she added.An apologetic council chief executive, Bob Coomber, said the council would change the way in which legal information is distributed internally.Neil Rose