Austin v London Borough of Southwark (Record no. 81315)

MARC details
000 -LEADER
fixed length control field 02132cab a22002775a 4500
001 - CONTROL NUMBER
control field L146883
008 - FIXED-LENGTH DATA ELEMENTS--GENERAL INFORMATION
fixed length control field 090309e20090216xxk f v 000 0 eng d
035 ## - SYSTEM CONTROL NUMBER
System control number (Sirsi) u146883
041 0# - LANGUAGE CODE
Language code of text/sound track or separate title eng
245 00 - TITLE STATEMENT
Title Austin v London Borough of Southwark
Medium [electronic resource]
260 ## - PUBLICATION, DISTRIBUTION, ETC.
Date of publication, distribution, etc. 2009
520 ## - SUMMARY, ETC.
Summary, etc. [2009] EWCA Civ 66, 16 February 2009. Case shows that the right to revive a secure tenancy under the Housing Act 1985 S85 cannot be transferred on the death of a former secure tenant. An appellant tenant (U) appealed against a decision that he could not revive a secure tenancy to which he would have succeeded if it had existed on the death of his brother (S), a secure tenant of the respondent local authority. U, a tolerated trespasser facing a claim for possession, on appeal from the County Court, appealed the prior judgement arguing it was not compliant with Article 1 Protocol 1 of the European Convention on Human Rights and that the right to make an application for a Lazarus order should be inheritable. Held: appeal dismissed. The law which applied where a person who had 'an interest in a claim' had died covered a right to make an application and did not cover the right to defend the possession proceedings. The right to apply was a personal right and thus not transmissible on death. Protocol 1 did not create any rights and since there was no right to apply under S85 after S's death, the protocol did not apply.
590 ## - LOCAL NOTE (RLIN)
Local note KA
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element R(ON THE APPLICATION OF M) V SECRETARY OF STATE FOR WORK AND PENSIONS
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element BRENT LBC V KNIGHTLEY
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KNOWSLEY HOUSING TRUST V WHITE
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element KAY V LAMBETH LBC
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element EUROPEAN CONVENTION ON HUMAN RIGHTS PROTOCOL 1 ARTICLE 1
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element CIVIL PROCEDURE RULES 1998
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S87
650 24 - SUBJECT ADDED ENTRY--TOPICAL TERM
Topical term or geographic name entry element HOUSING ACT 1985 S85
651 #4 - SUBJECT ADDED ENTRY--GEOGRAPHIC NAME
Geographic name England and Wales
Chronological subdivision 1543-
690 ## - LOCAL SUBJECT ADDED ENTRY--TOPICAL TERM (OCLC, RLIN)
Topical term or geographic name as entry element PROPERTY-RESIDENTIAL PROPERTY-LEASEHOLD RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-TENANCY AGREEMENTS
856 40 - ELECTRONIC LOCATION AND ACCESS
Uniform Resource Identifier <a href="https://www.bailii.org./ew/cases/EWCA/Civ/2009/66.html">https://www.bailii.org./ew/cases/EWCA/Civ/2009/66.html</a>
Public note View the case at: www.bailii.org...
942 ## - ADDED ENTRY ELEMENTS (KOHA)
Suppress in OPAC 0
Holdings
Withdrawn status Lost status Source of classification or shelving scheme Damaged status Not for loan Home library Current library Shelving location Date acquired Total Checkouts Full call number Barcode Date last seen Copy number Price effective from Koha item type
    Dewey Decimal Classification     Virtual Virtual Online 09/03/2009   ONLINE PUBLICATION 146883-2001 06/08/2019 1 06/08/2019 Law report