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!
Cor blimey. Is this where the ECtHR tells the HoL that their Lordships got McCann wrong in Doherty?
The position of the Gov. on this will be very important. They have, in broad terms, supported the occupiers in both Kay and Doherty. Will they actually argue that domestic law is compatible? It is a shame that Lambeth can’t be joined to the proceedings! :-)