The Court of Appeal dismisses Crown tenancy appeal

Wednesday 4 February 2015

The Court of Appeal has dismissed a Crown tenancy appeal attempting to claim a breach of Articles 8 and 14 of the European Convention on Human Rights (ECHR)

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In Nicholas v Secretary of State for Defence [2015] EWCA Civ 53, the Court of Appeal rejected Ms Nicholas' appeal regarding a possession order made against her. She claimed that her and her former husband’s exclusion from any form of security of tenure was unlawful, in breach of Articles 8 (the right to respect for private and family life) and 14 (prohibition of discrimination) ECHR. This was because the exclusion was based solely on their status as departmental Crown tenants and lacked proper justification.

The Court of Appeal left open the question of whether the blanket exclusion from security of tenure of departmental Crown tenants was lawful, but held that, on the particular facts, Ms Nicholas had not been disadvantaged compared with relevant comparators.

Stephen Knafler QC appeared for Ms Nicholas leading Toby Vanhegan of Arden Chambers. He was instructed by Mandeep Gill of ARKwrights Solicitors.

Stephen Knafler QC is a member of the Garden Court Chambers Public and Administrative Law Team.

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