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By Dave
18/02/2011

Turning european?

The UKSC judgment in Birmingham CC v Frisby, Leeds CC v Hall, Hounslow LBC v Powell is due on Wednesday 23 February (court Room 1 at 9.45).  The background in the CA and the foreground (Pinnock) have been discussed in previous posts (here and here) to whet your appetite.  The point at issue is so significant that it involves, hopefully, guidance going beyond the technical way in which introductory and non-secure Part 7 tenancies are brought to an end but nothing less than a new way of thinking about possession proceedings that is both European and national.  If Pinnock provided a slightly out of focus picture, Frisby provides further pixels.  As The Vapors suggested in Turning Japanese: “I want a doctor to take your picture So I can look at you from inside as well”.  Hopefully Frisby will enable us to look inside proportionality.

We will obviously post on Frisby asap.

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