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15 April 2011 / Sam Madge-wyld , Sarah Salmon
Issue: 7461 + 7462 / Categories: Opinion
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Valuable possession: Take 2

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

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The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
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