Defence Estates v JL and Anor [electronic resource]
Defence Estates v JL and Anor [electronic resource]
- 2009
[2009] EWHC 1049 (Admin), 05 May 2009. The case relates to possession of premises. Defence Estates (D) is in charge of managing property belonging to the Ministry of Defence, to house members of the Armed Forces and their families. D seeks possession of premises in Leeds in which JL and her family are living. D also seeks damages for use and occupation. JL argued that bringing the claim for possession constitutes a breach of her rights under Article 8 of the European Convention of Human Rights. Following particularly difficult circumstances of JL and family, she was housed as an irregular occupier in the premises in 1989. Eventually she was asked to move. Possession order was granted in 1993 but not applied. "Held": The judge decided to make a possession order. D's claim for damages is dismissed. Leeds City Council has to carry out its duty to help JL and family find permanent accommodation.
DEFENCE ESTATES V JL AND ANOR
DORAN V LIVERPOOL CITY COUNCIL
DOHERTY V BIRMINGHAM CITY COUNCIL
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950
HUMAN RIGHTS ACT 1998
England and Wales--1543-
[2009] EWHC 1049 (Admin), 05 May 2009. The case relates to possession of premises. Defence Estates (D) is in charge of managing property belonging to the Ministry of Defence, to house members of the Armed Forces and their families. D seeks possession of premises in Leeds in which JL and her family are living. D also seeks damages for use and occupation. JL argued that bringing the claim for possession constitutes a breach of her rights under Article 8 of the European Convention of Human Rights. Following particularly difficult circumstances of JL and family, she was housed as an irregular occupier in the premises in 1989. Eventually she was asked to move. Possession order was granted in 1993 but not applied. "Held": The judge decided to make a possession order. D's claim for damages is dismissed. Leeds City Council has to carry out its duty to help JL and family find permanent accommodation.
DEFENCE ESTATES V JL AND ANOR
DORAN V LIVERPOOL CITY COUNCIL
DOHERTY V BIRMINGHAM CITY COUNCIL
EUROPEAN CONVENTION ON HUMAN RIGHTS 1950
HUMAN RIGHTS ACT 1998
England and Wales--1543-