Comments on: The end of the road http://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/ Housing law news and comment Tue, 07 Feb 2012 09:56:35 +0000 hourly 1 http://wordpress.org/?v= By: Shttp://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/#comment-8195 S Tue, 30 Nov 2010 14:03:16 +0000 http://nearlylegal.co.uk/blog/?p=1504#comment-8195 I had cause to have a look at X v Hounslow again recently and it struck me as a case which might have succeeded if the human rights argument had been run properly. I'd agree the common law is pretty clear, but the human rights act argument never really got off the ground. At first instance the High Court didn't consider the human rights aspect, because they didn't think it added anything to the decision. On the appeal the Court of Appeal didn't deal with it at all (which I presume was because there was no cross appeal on the issue), but maybe if they had the result might have been different. If one looks at the facts in this case, they are surely as bad as Barnard v Enfield and may even be severe enough to fall within the Anufrijeva category of particularly serious conduct. I had cause to have a look at X v Hounslow again recently and it struck me as a case which might have succeeded if the human rights argument had been run properly. I’d agree the common law is pretty clear, but the human rights act argument never really got off the ground.

At first instance the High Court didn’t consider the human rights aspect, because they didn’t think it added anything to the decision. On the appeal the Court of Appeal didn’t deal with it at all (which I presume was because there was no cross appeal on the issue), but maybe if they had the result might have been different.

If one looks at the facts in this case, they are surely as bad as Barnard v Enfield and may even be severe enough to fall within the Anufrijeva category of particularly serious conduct.

]]> By: chiefhttp://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/#comment-8194 chief Tue, 30 Nov 2010 13:10:06 +0000 http://nearlylegal.co.uk/blog/?p=1504#comment-8194 Now an application has been lodged with the ECtHR. Statement of facts and questions to the parties <a href="http://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=876025&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649" rel="nofollow">here</a>, hat-tip to <a href="http://ukhumanrightsblog.com/2010/11/25/was-local-authority-responsible-for-harassment-campaign-against-vulnerable-adults/" rel="nofollow">UK Human Rights Blog</a>. Now an application has been lodged with the ECtHR. Statement of facts and questions to the parties here, hat-tip to UK Human Rights Blog.

]]> By: Jhttp://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/#comment-163 J Fri, 15 Jan 2010 14:34:07 +0000 http://nearlylegal.co.uk/blog/?p=1504#comment-163 Given Mitchell, I'm surprised they even bothered asking for permission Given Mitchell, I’m surprised they even bothered asking for permission

]]> By: chiefhttp://nearlylegal.co.uk/blog/2009/04/the-end-of-the-road/#comment-162 chief Fri, 15 Jan 2010 13:50:48 +0000 http://nearlylegal.co.uk/blog/?p=1504#comment-162 Perhaps not surprisingly given <i>Mitchell</i> the Supreme Court refused permission to appeal last month (I've only just noticed it on the ICLR page). Perhaps not surprisingly given Mitchell the Supreme Court refused permission to appeal last month (I’ve only just noticed it on the ICLR page).

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