header-logo header-logo

07 October 2010 / Lindsay Johnson
Issue: 7436 / Categories: Features , Public , Human rights , Housing
printer mail-detail

An ongoing saga

Lindsay Johnson provides an update on the ongoing saga of public law defences to possession claims

The decision of the European Court of Human Rights (ECtHR) in Kay v United Kingdom (App No 37341/06), delivered last month, is the latest contribution to the ongoing dialogue between the European and domestic courts as to the applicability and impact of Art 8 of the European Convention on Human Rights (the Convention) in possession claims.

It is not the last word and it does not resolve the conflict in domestic law as to exactly how Art 8 operates in possession proceedings. It does, however, provide interesting comment on the scope of conventional public law challenges and the degree of scrutiny to which administrative decisions to seek possession should be subjected.

To that extent, it is not only a decision which impacts on the narrow field of housing, but also contributes to the debate on the scope of judicial review remedies which includes: R (Daly) v Secretary of State for the Home Department [2001] UKHL

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

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
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll