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12 September 2014 / Philip Sissons
Issue: 7621 / Categories: Features , Landlord&tenant , Property
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The final curtain?

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Is McDonald the last word on Art 8 & private landlords, asks Philip Sissons

This update considers the impact of the important recent decision of the Court of Appeal in McDonald v McDonald [2014] EWCA Civ 1049, [2014] All ER (D) 273 (Jul). The case concerned the extent to which it is open to the tenant of a private landlord to invoke the test of proportionality imported by Art 8 of the European Convention on Human Rights, where domestic law otherwise makes a possession order mandatory. For some time (and particularly since the dissenting judgment of Lord Justice Ward in Malik v Fassenfelt [2013] EWCA Civ 798, [2013] All ER (D) 44 (Jul)) there has been a degree of uncertainty as to the extent to which resort can be had to Art 8 in possession claims made by private landowners (as opposed to public authorities). In McDonald , the Court of Appeal has provided important clarity and much needed certainty (at least for the time being) by determining that the duties imposed by Art 8 are limited to cases of public authority

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
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