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

Gilson Gray—Paul Madden

Gilson Gray—Paul Madden

Partner appointed to headinternational insolvency and dispute resolution for England

Brachers—Gill Turner Tucker

Brachers—Gill Turner Tucker

Kent firm expands regional footprint through strategic acquisition

Quinn Emanuel Urquhart & Sullivan—William Charles

Quinn Emanuel Urquhart & Sullivan—William Charles

Financial disputes and investigations specialist joins as partner in London

NEWS
The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
Boris Johnson’s 2019 attempt to shut down Parliament remains a constitutional cautionary tale. The move, framed as a routine exercise of the royal prerogative, was in truth an extraordinary effort to sideline Parliament at the height of the Brexit crisis. Writing in NLJ this week, Professor Graham Zellick KC dissects how prorogation was wrongly assumed to be beyond judicial scrutiny, only for the Supreme Court to intervene unanimously
back-to-top-scroll