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17 June 2010 / Annette Cafferkey
Issue: 7422 / Categories: Features , Landlord&tenant , Child law , Property , Housing , Mental health
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Housing focus

Annette Cafferkey provides an update on public law defences & discrimination

The extent to which Human Rights Act 1998 and Art 8 of the European Convention of Human Rights (the Convention) afford a “public law” defence to possession claims brought in the county court against non-secure tenants is a question which continues to take up much court time. The Court of Appeal recently considered it in relation to introductory tenants and homeless persons in five conjoined appeals: Salford CC v Mullen; LB Hounslow v Powell; Leeds CC v Hall; Birmingham v Frisby; Manchester CC v Mushin [2010] EWCA Civ 336, [2010] All ER (D) 289 (Mar).

It was held that, in principle, an occupier could raise a “public law” defence in the county court unless the statutory scheme under which the tenancy was granted precluded it. Like demoted tenancies (Manchester City Council v Pinnock [2009] EWCA Civ 852, [2009] All ER (D) 10 (Aug)) the scheme governing introductory tenancies prevented the county court from considering a public law defence. In such

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MOVERS & SHAKERS

Constantine Law—Anita Vadgama

Constantine Law—Anita Vadgama

New senior partner hire at consultant-led employment / regulatory law firm

Ward Hadaway—Emma Swann & Jill Donabie

Ward Hadaway—Emma Swann & Jill Donabie

Firm adds two partners to growing education practice

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

mfg Solicitors—Lauren Collins, Emily Stancer & Sara Southall

Trio of newly qualified solicitors strengthens Worcester office law firm

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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