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13 November 2008
Issue: 7345 / Categories: Features , Property
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A possession of uncertainty

Annette Cafferkey analyses some recent significant housing cases

In McCann v UK the European Court of Human Rights (ECtHR) held that the order for possession was an unjustified interference with the applicant’s right to respect for his home (Art 8 of the European Convention on Human Rights (ECHR)). In 1998 the applicant and his wife were granted a joint tenancy of a three bedroom house by Birmingham City Council. The marriage was not harmonious and the couple separated following allegations of domestic violence. The wife was advised by the authority’s officers to serve a notice to quit which, when it expired, determined the tenancy. The authority subsequently obtained a possession order. The ECtHR held that this order constituted an unlawful interference with the applicant’s right to respect for his home because it was obtained on a mandatory basis, without any consideration being given to the circumstances in which the notice to quit had been served. The possession proceedings had not afforded the applicant sufficient procedural safeguards with which to ensure that the possession order was a

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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
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
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