Tag Archive for 'summary possession'

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A Post-Doherty Appeal?

By NL on 17/12/2008. 0 Comments

Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather frustrating for me.

But now we have  Bedfordshire CC v Taylor & Ors [2008] EWCA 1316 to look foward to. This was an application for permission to appeal to the CoA that started as a defence in the County Court, on Article 8 grounds, to a claim for possession by the LA freeholder against trespassers (apparently on similar, but not identical, facts to Kay v Lambeth). The … Read the full post

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

Notes on Doherty v Birmingham CC

By NL on 30/07/2008. 10 Comments

So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57

Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way.

The headline is simple enough, the case was remitted to the High Court for determination of the domestic judicial review issues raised as defence to possession. Court of Appeal overturned. The majority would also have made a declaration of incompatibility in regard to the Mobile Homes Act 1998, if the incompatibility had not already been removed by the passing of the Housing and Regeneration Act. Their Lordships declined … Read the full post

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

Wondering about McCann

By NL on 18/05/2008. 2 Comments

Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment.

I’m still trying to work out for myself what the likely or even possible effects are, so this is a work in progress.

In descending order of certainty…

Common law summary possession by a local authority/public body landlord after Notice to Quit (e.g Ex joint tenants; temporary accommodation under s.183 and possibly s.192 HA 1996; ‘successors’ to deceased tolerated trespassers; non-successor occupants; etc.)

Possession proceedings will need to include the potential to consider whether the eviction is proportionate under Art 8.2 ECHR.

Does an … Read the full post

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

Possession and human rights – blimey!

By NL on 13/05/2008. 28 Comments

Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren’t any), the ECtHR has decided to put a large stick in the spokes.

As many people have already emailed me to tell me (alright, four people, all of them lovely), McCann v United Kingdom 19009/04 was handed down today. This is a first hurried look, but this one is going to be big. I can’t link to the case directly. It is on the ECtHR site as a recent case. A word copy of the judgment is downloadable here case-of-mc-cann-v2-the-united-kingdom… Read the full post

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

Human Rights and possession claims after Kay v Lambeth

By NL on 28/01/2007. 12 Comments

The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189.

Qazi effectively ruled out a human rights defence to possession based upon Article 8 where domestic law had been complied with.

Article 8 of the European Convention on Human Rights provides that

1. Everyone has the right to respect for his private and family life, his home and his correspondence.

2. There shall be no interference by a public authority with the exercise of this right

… Read the full post

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