header-logo header-logo

A new gateway?

08 July 2010 / Alex Gask , Jamie Burton
Issue: 7425 / Categories: Features , Public
printer mail-detail

Jamie Burton & Alex Gask consider how the gateway defence could make life easier for non-secure tenants

The ultimate impact of the Human Rights Act 1998 (and in particular Art 8 of the European Convention on Human Rights) on the rights of tenants who have limited security of tenure may not be known until nine Supreme Court judges hear the appeal in Pinnock v Manchester CC [2009] EWCA 852, [2009] All ER (D) 10 (Aug) later this month. However, in the five conjoined appeals in Salford City Council v Mullen [2010] EWCA Civ 336, [2010] All ER (D) 289 (Mar) the Court of Appeal has in the meantime tried to “provide some guidance as quickly as possible to the courts dealing with these cases”. In particular the court addressed two issues: what is the appropriate venue for hearing a defence based on Art 8; and what standard of review must the court apply when determining it? It also granted permission to appeal to the Supreme Court.

BackgroundWhile they wait for a more permanent

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

Arc Pensions Law—Richard Meers

Arc Pensions Law—Richard Meers

Pensions litigation team announces senior associate hire

Burges Salmon—Neil Demuth

Burges Salmon—Neil Demuth

Firm appoints new chief financial officer

Anthony Collins—Sue Bearman

Anthony Collins—Sue Bearman

Social purpose firm announces director hire plus eight promotions

NEWS
Human rights lawyers, social justice champion, co-founder of the law firm Bindmans, and NLJ columnist Sir Geoffrey Bindman KC has died at the age of 92 years
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
back-to-top-scroll