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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

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

NLJ Career Profile: John McElroy, London Solicitors Litigation Association

From first-generation student to trailblazing president of the London Solicitors Litigation Association, John McElroy of Fieldfisher reflects on resilience, identity and the power of bringing your whole self to the law

Clarke Willmott—Elaine Field

Clarke Willmott—Elaine Field

Planning and environment team expands with partner hire in Manchester

Birketts—Barbara Hamilton-Bruce

Birketts—Barbara Hamilton-Bruce

Firm appoints chief operating officer to strengthen leadership team

NEWS
A landmark Supreme Court ruling has underscored the sweeping reach of UK sanctions. In NLJ this week, Brónagh Adams and Harriet Campbell of Penningtons Manches Cooper say the regime is a ‘blunt instrument’ requiring only a factual, not causal, link to restricted goods
Fraud claims are surging, with England and Wales increasingly the forum of choice for global disputes. Writing in NLJ this week, Jon Felce of Cooke, Young & Keidan reports claims have risen sharply, with fraud now a major share of litigation and costing billions worldwide
Litigators digesting Mazur are being urged to tighten oversight and compliance. In his latest 'Insider' column for NLJ this week, Professor Dominic Regan of City Law School provides a cut out and keep guide to the ruling’s core test: whether an unauthorised individual is ‘in truth acting on behalf of the authorised individual’
Conflicting county court rulings have left landlords uncertain over whether they can force entry after tenants refuse access. In this week's NLJ, Edward Blakeney and Ashpen Rajah of Falcon Chambers outline a split: some judges permit it under CPR 70.2A, others insist only Parliament can authorise such powers
A wave of scandals has reignited debate over misconduct in public office, criticised as unclear and inconsistently applied. Writing in NLJ this week, Alice Lepeuple of WilmerHale says the offence’s ‘vagueness, overbreadth & inconsistent deployment’ have undermined confidence
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