Tag Archive for 'ecthr'

The bottled water of principle

By NL on 18/09/2010. 0 Comments

There is an interesting interview with Baroness Hale of the Supreme Court on the UKSC blog, (also reposted on the Guardian Law site, which has been really rather good since launch).

Lady HaleIt is well worth a read, not only for Lady Hale fighting for the separation of the Supreme Court from Government by insisting on bottled water in the canteen in the face of MoJ policy, but for her views on the operation of the Supreme Court. There is much of interest on diversity on the bench and in the SC, and, for housing lawyers, particularly on the question of socio-economic ‘positive rights’, where she sees a mismatch … Read the full post

Posted in FLW article and Housing law - All. Tags: , , .

I think they're trying to tell us something

By J on 23/10/2009. 2 Comments

The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the excellent and Tarantino-themed post by Dave, here), it shouldn’t be too difficult to guess how this case went.

Mr Paulic was a civilian employee of the Yugoslav People’s Army (“YPA”) who, in 1991, was granted the right to occupy (and purchase) a flat owned by the YPA. In July 1991, the Croatian state prohibited all land transactions involving property which was owned by the YPA. … Read the full post

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

Way too secure

By NL on 04/10/2009. 0 Comments

Gauci v Malta [2009] ECHR 1280 [Link is to rtf]

Hat-tip to the Garden Court Bulletin for this one.

Mr G owned a property in Malta. It had been let under a 25 year tenancy agreement in 1975. On the expiry of that agreement, the tenants, who owed other property themselves, were able to exercise a right to new lease under under Maltese Act XXIII of 1979 as they were resident.

Under the 1979 Act, the maximum rent that the Rent Review Board could set for the premises was 420 euro per year. The market rent was assessed in 2002 at 280 euro per month. Mr G brought proceedings, complaining … Read the full post

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

Evictions and Proportionality

By chief on 09/02/2009. 1 Comment

We’re a bit late with this one, and it is arguably quite a biggie (hat tip to Niki Goss who first pointed it out, to me at least, in the comments here).

Anyway, Cosic v Croatia is a decision of the European Court of Human Rights that should be of interest as both Connors and McCann are referred to as the Court reaches its conclusion that a possession order was a disproportionate interference with the Applicant’s Art 8 rights, because she was not given the possibility of having the proportionality and reasonableness of it tested.  In the process the Court gives what might be construed as “guidance” to the … Read the full post

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

Expanding the Public Law defence, a bit

By NL on 21/12/2008. 4 Comments

What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of Hillingdon v Collins & Another [2008] EWHC 3016 (Admin). This is what was to have been a CMC in the Administrative Court, but turned, by the nature of circumstances, into a consideration of the scope and boundaries of the post Doherty defence. As we’ve previously noted, the House of Lords in Doherty did little to actually make things clear, so Hillingdon v Collins is an important judgment.

The case involved … Read the full post

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

Housing and Human Rights: Kay in the ECtHR

By J on 05/11/2008. 2 Comments

From the Garden Court bulletin:

The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth [2006] UKHL 10. The Court has asked for observations on the question of whether or not Mr Kay had “the opportunity to have the proportionality of [his] eviction… determined by an independent tribunal in light of the relevant principles under Article 8.”

We’ll all need to keep an eye on this one!… Read the full post

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