We have just heard about a case, Powell v Hounslow, which is apparently due to be heard by the Court of Appeal on 15 November. According to our informant, the issue is whether an Art 8 defence can be made by a non-secure tenant in possession proceedings.
We know nothing more, but would very much like to. If anyone involved reads this, could you pass on some details or better yet, a transcript of the first instance hearing and of the issues in the appeal? The usual email address, contact (at) nearlylegal.co.uk, ta.
Floating on 12/13 Nov before LJ Mummery; Arden and Elias LJJ.
http://www.hmcourts-service.gov.uk/listing_calendar/getDetail.do?case_id=20091247
This case together with MCC-v- Mushin and Leeds CC -v- Hall- all Art 8 public law defences cases have been stood out of the list on 23/10 pending the SC deciding whether to grant PTA in Pinnock .
Thanks for that. Interesting. So Pinnock could be the key 1/4 pounder or Royale deciding case?
That could be quite some length of stay for these cases if the Supreme Court does give permission.
Dear All,
I am counsel instructed on behalf of Ms Powell. The case is indeed about Article 8 in possession proceedings. the case is on appeal from an all day trial in front of a deputy DJ at Brentford county court. I don’t have sols permission to release much more, but anyone intrested can contact me at 1 Pump Court.
Cheers,
Kevin Gannon
Many thanks, Kevin. You’ve got mail…
Thanks to all at Nearly Legal for helping me to find a needle in a haystack. Mr Gannon, I’ll be in touch with you soon.
I am the solicitor with conduct of this matter for Ms Powell. For the avoidance of doubt, my client’s confidentiality is paramount in this case. You are all advised to wait for judgment and no one on Ms Powell’s side has permission to discuss this case with anyone. I trust this is sufficiently clear.
Dear Mr MacLauglin, please note that:
1. All on the NL team are housing/L&T specialist barristers and solicitors. We had no intention of breaching your client’s confidentiality and indeed hadn’t requested anything that would.
2. The judgment in the court below is a matter of public record, as the Court of Appeal judgment will be, and also I believe the Court of Appeal file can be seen by anyone interested.
3. May I suggest that if you don’t want anyone to know about your cases you don’t actually take them to trial, let alone appeal? That would be safest.
As you are clearly not a regular visitor, why not have a look at what we actually do here? You could start with the ‘possession’ category, list on the right.
And for the future, ‘for the avoidance of doubt’ is fighting talk round these parts, let alone ‘you are advised’.
Otherwise, welcome to Nearly Legal
NL
go NL!!!!!
woohooo! they’ll be round tooled up with the geezer whose neighbour built the ‘illegal’ gate… you are gonna need serious protection, boy. include me out. i shall be in court, cowering.
ps point 3 – wise words.