header-logo header-logo

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

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 Art 8 [of the European Convention on Human Rights] could reasonably

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

Anthony Collins—20 promotions

Anthony Collins—20 promotions

20 promotions mark major people investment at national law firm, Anthony Collins

Sidley—Elaine Whiteford

Sidley—Elaine Whiteford

Sidley adds competition litigator Elaine Whiteford in London

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys—Claudina D’Costa

Charles Russell Speechlys welcomes Claudina D’Costa as Director of Client Development Marketing

NEWS
The 25th Pro Bono Week begins today until 6 November, with events hosted by law firms, chambers, law schools and charities across the UK
Aggressive sales tactics can add up to fraudulent trading even without proof of a particular deception or financial loss
Judges risk weakening their own independence by staying silent over government reforms, a leading public lawyer argues
A discount on damages does not automatically mean an equivalent haircut for legal costs in military deafness claims
Police powers targeting concealed identities at protests come with procedural conditions that could determine whether prosecutions succeed
back-to-top-scroll