Keep your eyes out for Khela (by his LPA receiver) v Dainter, Birmingham County Court, 29.2.12, which HHJ McKenna has just transfered into the Court of Appeal.
It’s an appeal against a s.21 possession order made under the accelerated procedure in which Ms Dainter argues that she should have been allowed to raise an art.8 defence. The DJ held that there was no need to consider personal circumstances / proportionality but granted permission to appeal. HHJ McKenna, noting that the interaction between art.8 and the private sector had been left open in Pinnock, has sent the case to the CA for them to have a go with.
More details as and when we get them.