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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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