header-logo header-logo

12 September 2014 / Philip Sissons
Issue: 7621 / Categories: Features , Landlord&tenant , Property
printer mail-detail

The final curtain?

104707622

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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Group claims, disputed costs and judicial recruitment dominate the latest courtroom round-up
Legal professional privilege has checked the SRA’s investigative powers, exposing difficult questions about tackling suspected abusive litigation
Sanctions can derail commercial disputes long before judgment, making early planning essential
Landlords face fresh registration duties as procedural reforms reshape the civil courts
Pressure is mounting for a dedicated UK AI law, but deciding what it should achieve remains the central challenge
back-to-top-scroll