All out of Proportion

We saw the case of McDonald v McDonald through the Court of Appeal and the Supreme Court. The Supreme Court found that as between private parties, there was no right to a proportionality review of eviction under the Section 21 possession claim procedure. Now, in FJM v United Kingdom, App No 76202/16, 29 November 2018, the European […]

Ye’ll tak’ the high road*

As First Tier Tribunal bedroom tax decisions go, this one is a corker. Glasgow FTT has decided that the Regulations as applied to a severely disabled woman who could not share a bedroom with her partner amounted to an unjustified breach of Article 14, read with Article 1 Protocol 1. The decision is here. I […]

Shared ownership, Art 8 and A1P1

The entrepreneurialisation of social housing over the last twenty years has led to a diversity in the types of shared ownership.  Of course, the standard leasehold type (what in the old days was called DIYSO) predominates, but there are a multitude of other types.  In Ker v Optima Community Association [2013] EWCA Civ 579, the Court of […]

How Limited is that Partnership?

Salvesen and Riddell & Anor v. The Lord Advocate (Scotland) [2013] UKSC 22 It is not common for us to cover Scots Law, or Agricultural Law, here. However, both mores are to be broken in the face of an interesting convention decision from the Supreme Court. Facts You will have to bear with me as […]

Road noise, loss of value and human rights

Thomas & Ors v Bridgend County Borough Council [2011] EWCA Civ 862 This Court of Appeal case might be rather limited on its facts, but there are some broader issues and it is interesting. The appeal was of a preliminary issue, whether the Claimants’ claim under Article 1 Protocol 1 was viable. Art 8 was […]

Lease without end?

Ferreira v Portugal App No 41696/07 (21/12/2010) [Link is to judgment in French, the only available version. Update 4/5/2011 – link now works. Can’t link properly to ECtHR site.] We’re indebted to Legal Action’s ‘Recent Developments in housing law’ for this one, not least because the European Court of Human Rights judgment is only available […]