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Lord Neuberger on housing law


The UKSC – an excellent blog (albeit technically and practically horrible to use) which is dedicated to the doings and ins and outs of the Supreme Court – has a interesting post on Lord Neuberger’s keynote to the SHLA conference. I wonder how the SHLA audience reacted to his observations that Weaver “leaves us with the position that RSLs are likely to be open to HRA challenges when they terminate tenancies.”

Also of note, Lord Neuberger observes:

that the decision of the Court of Human Rights in Cosic v Croatia appears to be inconsistent with the most recent House of Lords authority, Doherty v Birmingham City Council [2008] UKHL 57 and seems to have put the onus back on the English courts to ensure that Article 8 is properly taken into account in possession proceedings.  In this regard, he refers to the recent interesting article on the subject by HHJ (Nic) Madge – “Article 8 – la lutta continua”

Lord Neuberger would seem to be suggesting that the Art 8 and proportionality issue will be heard in the Supreme Court, despite the recent refusal of permission in Central Bedfordshire. While someof us may think this is inevitable sooner or later, this acknowledgment of the issue is very interesting indeed.

Mind you, on reading, and with all due respect to both HHJ Madge and Lord Neuberger, and naturally all due modesty, it may be that our most recent post on the Quarter pounder or Royale question by Dave is a tad more up to date. I’ve also just seen that there is also an overview, although lacking detail, in the 1 December 2009 Solicitors Journal here (currently available without subscription, I think).

Giles Peaker is a solicitor and partner in the Housing and Public Law team at Anthony Gold Solicitors in South London. You can find him on Linkedin and on Twitter. Known as NL round these parts.


  1. S

    I think what was so interesting about his lecture was how forthright it was. We are left in no doubt whatsoever what he thinks of Lord Hope’s speech (on a tangent I wonder if they are now judgments in the Supreme Court?) in Doherty.

    • NL

      The whole is now identified as a ‘Judgment’, certainly.

      • chief

        They are now only ‘opinions’ instead of ‘speeches’ as well, I think.

  2. Robert Latham

    It is clear that Lord Neuberger should be advised to subscribe to Nearly Legal in order to keep uo to speed.

    For others, it will be interesting to hear what Richard Drabble has to say at the HLPA Conference on 15th December.

    • NL

      Naturally, we would encourage everyone to subscribe ;-)

      I’m looking forward to hearing Richard Drabble QC.



  1. UKSCblog | The Supreme Court of the United Kingdom - [...] law blog, Nearly Legal for its up to date and thoughtful commentary - we even forgive them for describing…

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