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10 March 2011
Issue: 7456 / Categories: Case law , Law digest
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Housing

Powell v London Borough of Hounslow [2011] UKSC 8, [2011] All ER (D) 255 (Feb)

(1) A court would only have to consider whether the making of a possession order was proportionate for the purposes of Art 8 of the European Convention on Human Rights if the issue had been raised by the occupier and it had crossed the high threshold of being seriously arguable. That threshold would be crossed in only a small number of cases. The question then would be whether making an order for the occupier’s eviction was a proportionate means of achieving a legitimate aim.

(2) Section 127(1) of the Housing Act 1996 Act provided that the landlord might only bring an introductory tenancy to an end by obtaining an order for possession. On the face of it, the court had no discretion under s 127(2) of the 1996 Act as to whether or not it should make the order for possession. Given that lawfulness was an inherent requirement of the procedure for seeking a possession order, it was open to the court to consider whether the

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MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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