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By J
26/01/2009

Desperately Seeking Dixon

Garden Court chambers have a note of a case called Dixon v Wandsworth LBC [2009] EWHC (Admin) 27. It isn’t on Bailii, Lawtel or Casetrack. I know that some Garden Court people read this blog and if anyone has more information about it (or a transcript) please let us know.

Mr Dixon and his sister were joint secure tenants of LB Wandsworth. His sister gave NTQ and left the property. LB Wandsworth then obtained a possession order. Mr Dixon applied to set aside the order or to prevent execution of the warrant on the basis that the rule in LB Hammersmith & Fulham v Monk [1992] 1 AC 478 violated his rights under Art. 8, ECHR.

The High Court rejected the application. There was no need to reconsider the decision in Monk and, in any event, the decision of the council was reasonable and proportionate.

As I say – anyone with more information should feel free to contact us.

J is a barrister. He considers housing law to be the single greatest kind of law known to humankind and finds it very odd that so few people share this view.

5 Comments

  1. neilH

    The full judgment is in the All England Digest at [2009] All ER (D) 88 (Jan) – HHJ Bidder QC rejects Mr Dixon’s claim because in deciding to go ahead with seeking possession Wandsworth “were carrying out the very balancing exercise that ECHR 8(2) required”. There were earlier proceedings involving Mr Dixon following drugs being found at the premises.

    Reply
    • NL

      J – you just beat me to it. Transcript, need transcript…

      Reply
  2. michael paget

    As usual Jan is your man to help – he’s busy with Ahmad, Moran etc at the moment – but can doubtless fish something out directly.

    MP

    Reply
    • J

      Transcript now obtained – full post coming shortly.

      Reply

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