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08 July 2010 / Alex Gask , Jamie Burton
Issue: 7425 / Categories: Features , Public
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A new gateway?

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

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NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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