[2008] PLSCS 143; [2008] 20 EG 136(CS), 13 May 2008. Considered whether Article 8 of the European Convention on Human Rights was defence against eviction from a council house which was no longer the occupant's legitimate home. The claimant (M), his wife and family were secure council tenants. M's wife and children were rehoused by Birmingham City Council in accordance with their domestic violence policy. The property stood empty for a time, after which M returned and used it as his residence. When the Council became aware of this they persuaded M's wife to sign a notice to quit. Possession proceedings were brought. M argued that the property was his home within Article 8's meaning, a claim the Court of Appeal refuted. M complained to the European Court of Human Rights that his right to private home life had been infringed. "Held": The house was M's home, even though this was not his right within the UK's public housing system. Persuading M's wife to sign a common law notice to quit did not respect M's right to his home. The statutory housing scheme had not been followed, which would have been in accordance with M's rights. Appeal allowed.