Tag Archive for 'doherty'

Brave New World or Same Old Story

By chief on 04/11/2010. 28 Comments

Pinnock v Manchester City Council [2010] UKSC 45 (Supreme Court pdf & BAILII links)

Whenever a battle weary group of housing lawyers gets together, conversation inevitably turns (after the routine complaints about the less congenial DJs) to the thorny issue of which is the most important housing law case of all. While bizarre to the outsider, this ritual actually takes the form of a Mornington Crescent-style game, in which the aim is to get to Street v Mountford before somebody plays Puhlhofer and ruins the whole thing. The route to get there varies, although it will normally take in Awua, Pereira, Runa Begum, Din v Wandsworth… Read the full post

Posted in ASB, FLW case note, Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , , , , .

Pinnock forthcoming…

By NL on 16/10/2010. 2 Comments

It appears that the Supreme Court judgment in Manchester CC v Pinnock is due to be handed down on 3 November. Anticipation runs wild, particularly to see what the response, if any, is to Kay v UK.… Read the full post

Posted in Housing law - All, Introductory and Demoted tenancies and Possession. Tags: , , , .

Kay v UK – A royale quarterpounder?

By Dave on 25/09/2010. 12 Comments

Introduction

Sorry for the delay in getting this post up, the delay is partly due to work but, more importantly, we’ve been arguing between ourselves as to how best to deal with it. Frankly, we can’t agree on what the case actually means and what the possible effects are. So we’ve done this as a co-authored post, with individual writers making comments, as set out below. Dave takes credit for the background and introductory material.

Background

Regular readers will no doubt be aware of the background to the case.  It really goes back to Bruton v London and Quadrant Housing Trust [2001] 1 AC 406, in which the House of … Read the full post

Posted in FLW case note, Housing law - All, Licences and occupiers and Possession. Tags: , , , , , .

Kay v UK: Newsflash

By J on 21/09/2010. 2 Comments

The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones.

Full post coming later.

[Edit: link to judgment fixed, 22/09/10.]… Read the full post

Posted in Housing law - All, Licences and occupiers and Possession. Tags: , , , .

“Responding to Human Rights Judgments”, or then again, not.

By NL on 08/08/2010. 0 Comments

The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the previous government. But in terms of the actual response, I suspect this makes little difference, save perhaps on Connors.

Of interest to housing lawyers are the JCHR findings and the Government response on McCann and Kay v UK, Connors and implementation of s.318 Housing and Regeneration Act 2008, and Schedule 15 Housing and Regeneration Act 2008 in relation to the incompatibility in Morris … Read the full post

Posted in FLW article, Homeless, Housing law - All, Licences and occupiers and Possession. Tags: , , , , .

Continued incompatibility

By NL on 11/02/2010. 15 Comments

Readers with a long memory (relative to the general standards of the 21st century) will recall that there was a finding in Connors v UK (2004) that the law that meant that travellers on Local Authority sites could be evicted without the court overseeing procedural safeguards was declared to be in breach of the European Convention on Human Rights.

Such readers will no doubt also recall that the reason Mr Doherty in Doherty v Birmingham CC (July 2008) was refused a declaration of incompatibility (gateway A) by the House of Lords was solely because the objectionable legislation was to be replaced through the Housing and Regeneration bill, as it then … Read the full post

Posted in Housing law - All, Licences and occupiers and Possession. Tags: , , , , , .

Lord Neuberger on housing law

By NL on 01/12/2009. 5 Comments

The UKSC – an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court – has a interesting post on Lord Neuberger’s keynote to the SHLA conference. I wonder how the SHLA audience reacted to his observations that Weaver “leaves us with the position that RSLs are likely to be open to HRA challenges when they terminate tenancies.”

Also of note, Lord Neuberger observes:

that the decision of the Court of Human Rights in Cosic v Croatia appears to be inconsistent with the most recent House of Lords authority, Doherty v Birmingham City Council [2008] UKHL 57

… Read the full post

Posted in assured-tenancy, Housing law - All, Licences and occupiers and Possession. Tags: , , .
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