header-logo header-logo

Valuable possession: Take 2

15 April 2011 / Sam Madge-wyld , Sarah Salmon
Issue: 7461 + 7462 / Categories: Opinion
printer mail-detail

In his recent NLJ article, Valuable possession, Jon Holbrook argues that the court should summarily dismiss almost all defences to claims for possession...

Sam Madge-Wyld & Sarah Salmon revisit the rights and wrongs of
Article 8 and possession claims

In his recent NLJ article, Valuable possession, Jon Holbrook argues that the court should summarily dismiss almost all defences to claims for possession based on either proportionality or public law unless they are exceptional cases (see NLJ, 25 March 2011, p 425). See: http://www.newlawjournal.co.uk/nlj/content/valuable-possession 

That is, we say, to misstate the law and an argument that is no longer sustainable for local authorities and private registered providers of social housing (PRPSH) (who are public authorities) to adopt in litigation.

In Pinnock v Manchester City Council [2011] 1 All ER 285, the Supreme Court, as a whole, said that it would “be both unsafe and unhelpful to invoke exceptionality as a guide...[because] exceptionality is an outcome and not a guide...[and] there may be more cases than...[had previously been supposed] where

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—London partner promotions

Gibson Dunn—London partner promotions

Firm grows international bench with expanded UK partner class

Shakespeare Martineau—six appointments

Shakespeare Martineau—six appointments

Firm makes major statement in the capital with strategic growth at The Shard

Myers & Co—Jess Latham

Myers & Co—Jess Latham

Residential conveyancing team expands with solicitor hire

NEWS
One in five in-house lawyers suffer ‘high’ or ‘severe’ work-related stress, according to a report by global legal body, the Association of Corporate Counsel (ACC)
The Legal Ombudsman’s (LeO’s) plea for a budget increase has been rejected by the Law Society and accepted only ‘with reluctance’ by conveyancers
Overcrowded prisons, mental health hospitals and immigration centres are failing to meet international and domestic human rights standards, the National Preventive Mechanism (NPM) has warned
Two speedier and more streamlined qualification routes have been launched for probate and conveyancing professionals
Workplace stress was a contributing factor in almost one in eight cases before the employment tribunal last year, indicating its endemic grip on the UK workplace
back-to-top-scroll