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

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll