header-logo header-logo

A judicial chink?

07 December 2012 / Nicholas Dobson
Issue: 7541 / Categories: Features , Landlord&tenant , Property
printer mail-detail

Nicholas Dobson analyses housing possession proportionality

In an interesting development, the High Court last month upheld a 12 March county court decision that in the particular circumstances, it would not be proportionate to grant Southend-on-Sea District Council a possession order in relation to one of its tenant’s introductory tenancies in light of his abusive and aggressive conduct (Southend-on-Sea Borough Council v Armour [2012] EWHC (Admin)). According to Garden Court Chambers, in dismissing the council’s appeal, Cranston J said that the recorder had balanced all the factors, weighing for and against it being proportionate to grant possession, and had given a “model judgment”, showing how these cases should be dealt with.

Such findings have rarity value and this is apparently the first occasion on which a court on appeal has upheld a possession claim dismissal on the basis of the European Convention on Human Rights. Following Manchester City Council v Pinnock [2010] UKSC 45, while courts in considering whether to grant possession orders sought by local and other public authorities have power to

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll