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26 November 2009 / Annette Cafferkey
Issue: 7395 / Categories: Features , Public
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Seeking possession

Annette Cafferkey provides an update on housing, public law & human rights

Over the course of the last year or so there has been a spate of cases the effect of which increases the extent to which public sector landlords are open to challenge when seeking possession. The extent of this increase is not clear, however.

The first decision referred to below establishes that registered social landlords (RSLs) can subject to the Human Rights Act 1998 (HRA 1998) and amenable to judicial review.

The remainder of the article covers two aspects: first, it traces the debate that has developed around the question of whether an unqualified entitlement to possession can be defeated in the county court using arguments based on the occupier’s personal circumstances; and, second, it outlines the tension that exists between European Court of Human Rights (ECtHR) and the domestic courts on this point.

RSLs—public authority

In R (Weaver) v London & Quadrant Housing Trust [2009] EWCA Civ 587,  [2009] All ER (D) 179 (Jun) the administrative court declared the London and Quadrant

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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

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Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

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A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
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Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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