More results...
Another case on post-Doherty public law defences was handed down on Friday. Stokes v London Borough of Brent [2009] EWHC 1426 (QB) concerned an appeal summary possession order made against a traveller in unlicenced occupation of a plot on a Brent traveller's...
And the question of what Doherty actually means rumbles on. Central Bedfordshire Council v Taylor & Ors [2009] EWCA Civ 613 was the Court of Appeal hearing of an appeal from a Circuit Judge's decision to make an outright possession order and, in particular,...
We first noted Defence Estates v L and another [2009] EWHC 1049 (Admin) a few weeks ago and now the transcript is available. The history L was married to an army officer. He was a violent alcoholic who abused both his wife and their daughters. In 1989 he...
McGlynn v Welwyn Hatfield District Council [2009] EWCA Civ 285 was an appeal of a summary possession that had been stayed pending Doherty in the Lords. Mr McGlynn was granted a non-secure tenancy by Welwyn in 2000, in pursuance of homelessness obligations...
This is well outside our usual beat, not to say our jurisdiction, but in an interesting case, the Irish High Court in Dublin City Council v Gallagherr [2008] IEHC 354 has found, for a second time, that summary possession proceedings, infringed Art. 8 rights...
A Court of Appeal judgment expressly dealing with a post Doherty public law defence to termination of licence by Notice to Quit was handed down today. Doran v Liverpool City Council [2009] EWCA Civ 146 concerned a possession claim for a plot on a local...
What Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57 actually means for a public law defence to possession claims, particularly summary possession, was the subject of London Borough of...
Doherty v Birmingham CC [2008] 3 WLR 636 left us all wondering about the form and limits of a challenge to summary possession proceedings. My attempt at smuggling proportionality into a public law defence settled, for instance -good for the client, rather...
So, Doherty (FC) (Appellant) and others v Birmingham City Council (Respondent) [2008] UK HL 57 Well, well, and once more for effect, well. This is a very interesting result indeed, although I use the word result in a non-definite kind of way. The headline is...
Well, McCann v UK certainly seems to have stirred things up. Naturally, most of the speculation is on the effect and extent of the judgment. I'm still trying to work out for myself what the likely or even possible effects are, so this is a work in progress....
Just when, post Kay v Lambeth in the Lords, it looked like the issue of human rights defences to possession claims was pretty much settled (i.e. there pretty much weren't any), the ECtHR has decided to put a large stick in the spokes. As many people have...
The House of Lords decision in Kay v Lambeth [2006] UKHL 10 addressed Human Rights defences to possession claims, attempting to unify Harrow v Qazi [2004] 1 AC and the subsequent European Court judgement in Connors v United Kingdom [2004] 40 EHRR 189. Qazi...