Supreme Court to consider remedies in bedroom tax cases

We noted here the Court of Appeal decision in Carmichael v Secretary of State for Work and Pensions [2018] EWCA Civ 548. In very summary terms, the Supreme Court decided in an earlier case that the application of the “social sector size criteria” / “bedroom tax” (choose the appropriate label depending on your view), as contained in Housing Benefit […]

Homelessness and capacity

In WB v W DC (2018) EWCA Civ 928, the Court of Appeal revisited the question of whether a person without capacity to make choices about their accommodation can make an application for homelessness assistance.  The House of Lords in R v Tower Hamlets LBC ex p Ferdous Begum (1993) AC 509 (linked with Garlick, in which it was […]

Floating rights

Jones v Canal & River Trust [2017] EWCA Civ 135 This was an appeal against an order that Canal and River Trust could remove Mr Jones boat from a canal near Bradford on Avon, under its powers under s.8 of the British Waterways Act 1983 and s.13 of the British Waterways Act 1971. Mr J had advanced […]

Yes but No – Article 8 and the private sector

McDonald v McDonald & Ors [2016] UKSC 28 The Supreme Court has finally decided on the issue that has been hanging over private sector possession claims since Pinnock and Powell – whether article 8 proportionality of eviction defence might also apply to the private sector as well as to public body landlords. The Court of […]

Proportionality, Section 21 and starter tenancies

Another RSL ‘starter tenancy’ and s.21 case, albeit one that marginally pre-dated West Kent HA v Haycraft, is The Riverside Group Limited – v – Sharon Thomas [2012] EWHC 169 (QB) 2 March 2012 (Manchester District Registry) [Not on Bailii. We’ve seen a transcript]. This will be a quick note, as the general principle has […]

x’=γ(x-vt)*

Without further ado, a hodge-podge of Equality and Human Rights updates. Firstly, the Deputy Prime Minister and the Secretary of State for Justice have finally launched the long expected Commission on a UK Bill of Rights. The Commission comprises a number of human rights and constitutional law experts and, er, some people who are presumably […]

The bottled water of principle

There is an interesting interview with Baroness Hale of the Supreme Court on the UKSC blog, (also reposted on the Guardian Law site, which has been really rather good since launch). It is well worth a read, not only for Lady Hale fighting for the separation of the Supreme Court from Government by insisting on […]

Homeless reviews and fact finding in the Supreme Court

We’ve been told that Ali & Ibrahim v Birmingham City Council (now Ali, Ibrahim and Tomlinson v BCC) was heard in the Supreme Court today, 23 November, and continues tomorrow. Our report on the Court of Appeal judgment ([2008] EWCA 1228) is here. The issue is whether Housing Act 1996 s.202 reviews are Article 6 […]

Yeah, of course I'll call

It’s a bit like one of those nights that just, you know, didn’t work out. You remember, it was all very slow, not really gratifying and, in the end, disappointingly inconclusive. The Government has released its response [link to PDF] to the Parliamentary Joint Committee on Human Rights report of 2007. Yes, 2007. The report […]

I think they're trying to tell us something

The European Court of Human Rights has just given judgment in Paulic v Croatia (App. No. 3572/06), a case on Article 8 and possession proceedings. Given the unbroken trend of authority from Connors to Zehentner, via McCann and Cosic (all noted in the excellent and Tarantino-themed post by Dave, here), it shouldn’t be too difficult […]