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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

Winckworth Sherwood—David Fendt

Winckworth Sherwood—David Fendt

Restructuring and insolvency practice strengthened by partner hire

Gateley Legal—Billy Poulter & Shay Moore

Gateley Legal—Billy Poulter & Shay Moore

North West residential development team welcomes partner and associate

Burgess Mee—Victoria Sterritt

Burgess Mee—Victoria Sterritt

Family law boutique expands London team with legal director hire

NEWS
Some employment law controversies never disappear—they merely lie dormant
Artificial intelligence (AI) is transforming legal practice, but its successful adoption depends as much on culture as technology
The fallout from Lord Mandelson’s appointment and dismissal as UK ambassador to Washington raises profound questions about constitutional governance, accountability and political appointments
Pastries may be in the firing line while kebabs escape scrutiny, but the reality is far more nuanced
The Supreme Court’s decision in Dillon highlights a central tension in modern public law: rights may be recognised without being fully realised
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