Supreme Court decision protects more tenants from eviction

Wednesday 23 February 2011

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The Supreme Court today handed-down judgment in three appeals brought by council tenants, all of whom were represented by Jan Luba QC. None of the tenants had security of tenure in their homes. But the Supreme Court decided that all such tenants could defend the claims for possession brought against them on the grounds that evicting them would not be "proportionate" for the purposes of the Article 8 of the European Convention of Human Rights. That is, provided that they could show that such a defence was 'seriously arguable'. The judgment takes forward the earlier Supreme Court decision in Manchester CC v Pinnock (in which Jan Luba QC represented the Equality & Human Rights Commission).

For the latest judgment, click here.
For the Supreme Court's summary of it, click here.

Jan Luba QC is a member of the Garden Court Housing Team.

Garden Court Chambers is hosting a seminar on the topic Article 8: "Is that Possession Order Proportionate?" on 3 March 2011. For full details and to book your place, click here.

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