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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

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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