Welwyn Garden City resident wins eviction appeal

Monday 20 April 2009

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A reformed drug addict has been saved from eviction despite claims that his presence made the area "a magnet for noisy and ill-behaved" youths.

Lord Justice Toulson, sitting at London's Civil Appeal Court on 1st April heard how a neighbour kept a diary of incidents, and told Welwyn and Hatfield Borough Council that she and her husband were being kept awake by youths outside their flat, shouting for Mr McGlynn.

The borough council issued Mr McGlynn with an eviction notice, and obtained a possession order in 2006.

At the Court of Appeal Jan Luba QC argued that Mr McGlynn's eviction amounted to "disproportionate" violation of his fundamental human right to respect for his privacy and home, enshrined in Article 8 of the Humans Right Convention.

Lord Justice Toulson, sitting with Lord Justice Aikens and Lord Justice Sullivan agreed and upheld Mr McGlynn's appeal, saying he had a "seriously arguable" defence under Article 8 of the Human Rights Convention.

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