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26 May 2017 / Nicholas Dobson
Issue: 7747 / Categories: Features , Local government , Public , Property
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​Good timing

The ruling on secure tenancy succession rights in Turley is good news for hard-pressed housing authorities, says Nicholas Dobson

 
  • 12 month tenancy succession qualification period for cohabitees lawful and proportionate.

Housing authorities have a tough job in balancing scarce resources fairly in line with the extensive and pervasive body of applicable law. So when an authority tells someone they fall outside a clear statutory rule which deprives them of their home, the person dispossessed is naturally going to get lawyers rummaging rigorously through the legals to attack the decision. Old regulars in this area are Art 8 of the European Convention on Human Rights (ECHR) (right to respect for private and family life) and Art 14 (prohibition of discrimination). The acid test in such cases is proportionality. Or, in crude shorthand, whether the means reasonably justify the ends, a fair balance has been struck between the rights of the individual and the wider community and whether the particular limitation is manifestly without reasonable foundation.

Such was so in a decision of the Court of Appeal in

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MOVERS & SHAKERS

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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