Habeas domus
Language: English Series: Estates Gazette ; (0617) 29 April 2006, 104-105(2)Publication details: 2006Subject(s): Summary: Examines the judgment in"Kay and others v Lambeth LBC and another" ([2006] UKHL 10, L133439) which concludes that the European Convention of Human Rights Art 8 can be used as a defence to local authority possession proceedings but such defences are unlikely to succeed and that courts should follow domestic precedent even in the face of apparently inconsistent later European court decisions. Reviews the decisions in "Poplar Housing Regeneration Community Association Ltd v Donoghue" ([2001 EWCA Civ 595, Abs 64290], "Harrow LBC v Qazi" ([2003] UKHL 43, Abs67176) and "Connors v United Kingdom" ([2004] 40 EHRR 189, unreported) which left the defence position uncertain. Considers the human rights and jurisdictional issues and assesses the effect of the HL ruling on public authority landlords.| Item type | Current library | Call number | Copy number | Status | Barcode | |
|---|---|---|---|---|---|---|
| Journal article | London Journal article | L133442 (Browse shelf(Opens below)) | 1 | Available | 133442-1001 |
Examines the judgment in"Kay and others v Lambeth LBC and another" ([2006] UKHL 10, L133439) which concludes that the European Convention of Human Rights Art 8 can be used as a defence to local authority possession proceedings but such defences are unlikely to succeed and that courts should follow domestic precedent even in the face of apparently inconsistent later European court decisions. Reviews the decisions in "Poplar Housing Regeneration Community Association Ltd v Donoghue" ([2001 EWCA Civ 595, Abs 64290], "Harrow LBC v Qazi" ([2003] UKHL 43, Abs67176) and "Connors v United Kingdom" ([2004] 40 EHRR 189, unreported) which left the defence position uncertain. Considers the human rights and jurisdictional issues and assesses the effect of the HL ruling on public authority landlords.