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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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