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Thurrock Borough Council v West: CA 8 Nov 2012

The tenant had resisted the application for possession on the basis that it would amount to a disproportionate interference in his human rights. The council appealed.
Held: The appeal succeeded. The judge had erred in considering that the tenant’s arguments did not, on the facts, reach the threshold of a seriously arguable Article 8 defence.

Judges:

Hallett, Therton LJJ, Dame Janet Smith

Citations:

[2012] EWCA Civ 1435, [2013] HLR 69 I

Links:

Bailii

Statutes:

European Convetion on Human Rights 8

Jurisdiction:

England and Wales

Cited by:

CitedAkerman-Livingstone v Aster Communities Ltd SC 11-Mar-2015
Appeal about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether . .
Lists of cited by and citing cases may be incomplete.

Housing, Human Rights

Updated: 06 November 2022; Ref: scu.465654

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