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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

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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