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12 September 2014 / Philip Sissons
Issue: 7621 / Categories: Features , Landlord&tenant , Property
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The final curtain?

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Is McDonald the last word on Art 8 & private landlords, asks Philip Sissons

This update considers the impact of the important recent decision of the Court of Appeal in McDonald v McDonald [2014] EWCA Civ 1049, [2014] All ER (D) 273 (Jul). The case concerned the extent to which it is open to the tenant of a private landlord to invoke the test of proportionality imported by Art 8 of the European Convention on Human Rights, where domestic law otherwise makes a possession order mandatory. For some time (and particularly since the dissenting judgment of Lord Justice Ward in Malik v Fassenfelt [2013] EWCA Civ 798, [2013] All ER (D) 44 (Jul)) there has been a degree of uncertainty as to the extent to which resort can be had to Art 8 in possession claims made by private landowners (as opposed to public authorities). In McDonald , the Court of Appeal has provided important clarity and much needed certainty (at least for the time being) by determining that the duties imposed

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MOVERS & SHAKERS

42BR Barristers—4 Brick Court

42BR Barristers—4 Brick Court

42BR Barristers to be joined by leading family law set, 4 Brick Court, this summer

Winckworth Sherwood—Rubianka Winspear

Winckworth Sherwood—Rubianka Winspear

Real estate and construction energy offering boosted by partner hire

Gateley Legal—Daniel Walsh

Gateley Legal—Daniel Walsh

Firm bolsters real estate team with partner hire in Birmingham

NEWS
A wave of housing and procedural reforms is set to test the limits of tribunal capacity. In his latest Civil Way column for NLJ this week, Stephen Gold charts sweeping change as the Renters’ Rights Act 2025 begins biting
Plans to reduce jury trials risk missing the real problem in the criminal justice system. Writing in NLJ this week, David Wolchover of Ridgeway Chambers argues the crown court backlog is fuelled not by juries but weak cases slipping through a flawed ‘50%’ prosecution test
Emerging technologies may soon transform how courts determine truth in deeply personal disputes. In this week's NLJ, Madhavi Kabra of 1 Hare Court and Harry Lambert of Outer Temple Chambers explore how neurotechnology could reshape family law
A controversial protest case has reignited debate over the limits of free expression. In NLJ this week, Nicholas Dobson examines a Quran-burning incident testing public order law
The courts have drawn a firm line under attempts to extend arbitration appeals. Writing in NLJ this week, Masood Ahmed of the University of Leicester highlights that if the High Court refuses permission under s 68 of the Arbitration Act 1996, that is the end
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