Human Rights Round-up

3 cases have recently been decided by the ECtHR Chamber Busuioc v Republic of Moldova [2013] ECHR 684 (16/7/13) The Applicant (B) complained to the Court under Arts 3 and 8 ECHR about the State's failure to protect her and her two children under the provisions of Moldovan national law from domestic violence perpetrated against […]

I think someone has got a little confused

According to this article, the Residential Landlords Association are up in arms about the European Court of Human Rights being about to rule on article 8 defences in a case affecting private land owners. Richard Jones, the RLA policy director (and a solicitor who some might think should really know better) is quoted as saying: […]

Proportionality – between claim and hearing

Well, well. A successful proportionality defence on an introductory tenancy and one upheld on appeal. There is also some helpful confirmation about what can be considered in assessing proportionality. Southend-on-Sea Borough Council v Armour (2012) QBD 18/10/2012 (Not on Bailii. Note on Lawtel and on Garden Court's site here) Mr A was the introductory tenant […]

Housing and Human Rights Round-Up

Two interesting cases have been delivered by the ECHR in the last few weeks: Mago and others v Bosnia-Herzegovina and Yordanova and others v Bulgaria. Mago The applicants in Mago held tenancies for life of flats within Bosnia-Herzegovina (with the exception of Mrs Mago, whose husband was the tenant) and they were compelled for varying reasons […]

The tenant is dead, long live the tenant

Our attention was drawn to a decision in the Medway County Court, presumably because it considered a proportionality defence. I'm not sure there's much to see there — one of the team said that he was not "remotely excited about it". But it caught my eye. To be fair, one cannot always tell from a […]

Any answers?

m4s0n501 The April edition of Legal Action brings news that Hurst v UK has settled. As will be seen from the ECtHR’s Statement of Facts and Questions to the Parties Hurst involved a secure tenant who murdered a neighbour, the applicant’s son, during the course of possession proceedings. Ms Hurst brought proceedings in the domestic […]

Occupy LSX update

As you may well have seen in the news, the Corporation of London was granted a possession order and injunction against the tents and camp of Occupy LSX in the churchyard area outside St Paul's Cathedral by the High Court on Wednesday 18 January. The judgment is on the Judiciary website here. We'll have a […]

Money can’t buy you everything

Sun Street Properties Ltd v Persons Unknown [2011] EWHC (Ch), [2011] All ER (D) 72 (Dec) [no transcript available yet] Or, what the hell is going on about Occupy/Bank of Ideas and the property owned by Union Bank of Switzerland. As you probably noticed, on 18 November 2011, an empty property in the City was […]

Morris dancing

Bah v The United Kingdom - 56328/07 [2011] ECHR 1448 This is a decision of the European Court of Human Rights on the regulations for eligibility for housing support, after the declaration of incompatibility in Westminster v Morris [2005] EWCA Civ 1184. It is a very significant case, not least because it has a direct […]

That’s not the way to do it

Zolotareva v Russia (App. No. 15003/04) With a hat-tip to the Garden Court bulletin, here is a decision of the European Court of Human Rights on the enforcement of an eviction. Ms Zolotareva lived in a municipally owned flat with her son, ex-daughter-in-law and grandchild. She thought that could no longer all live together (I […]