The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones. Full post coming later. [Edit: link to […]
The latest Government response to the Joint Committee on Human Rights report 2009/10 has been released. The PDF of the response is available here. This is the response of the current Government and they make clear that it is to a report prepared under the previous government. But in terms of the actual response, I […]
The Statement of Facts, together with the Question posed by the ECtHR is now online.
Yesterday evening I asked for more information about Dixon v Wandsworth LBC (No 2)  EWHC 27 (Admin) and, by the next morning, two copies of the transcript had made their way to my inbox. My gratitude to The Chief and to William Flack of Flack & Co, who are acting for Mr Dixon. Without […]
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening)  UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of Hillingdon v Collins & Another  EWHC 3016 (Admin). This is what was to have been a […]
From the Garden Court bulletin: The ECtHR has invited the observations of the UK government on the application made by Mr Kay to the ECtHR, following his defeat in the House of Lords in Kay v LB Lambeth  UKHL 10. The Court has asked for observations on the question of whether or not Mr […]