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A possession of uncertainty

13 November 2008
Issue: 7345 / Categories: Features , Property
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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

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Senior associate promotion strengthens real estate offering

Charles Russell Speechlys—Robert Lundie Smith

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Leading patent litigator joins intellectual property team

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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