000			02311cam a2200325 4500
001			ABS67749
008			040505n2004 000 0 eng u
035			_a(Sirsi) u126103
245			_aNewham LBC v Kibata
260			_c2004
490			_aEstates Gazette _v[2004] 15 EG 106
520			_a[2003] EWCA Civ 1785, 9 December 2003. Appellant council N had brought possession proceedings against respondent K as unlawful occupier of the council flat formerly resided in jointly by K and his wife, who had terminated the tenancy following domestic violence by K. N's CC application was dismissed on the ground that the interference with K's rights under the European Convention on Human rights Art 8(1) was not justified under Art 8(2). N appealed and K cross-appealed alleging breaches of his rights under Arts 8 and 14. "Held": appeal allowed, cross-appeal dismissed. Although the flat remained K's home within the meaning of Art 8, Art 8 was unavailable as a defence in possession proceedings: "Harrow LBC v Qazi" ([2003] UKHL 43, Abs67176) applied. Art 8 had not been infringed. The council's act in obtaining a notice to quit from K's wife was not a determination of K's civil rights within the meaning of Art 6 of the Convention. Given that the Art 8 right was unavailable to K, the prohibition on discrimination in Art 14 did not apply. View judgment at www.courtservice.gov.uk.
590			_aABS
590			_aABS
650			_aRIGHT TO POSSESSION
650			_aHARROW LBC V QAZI
650			_aTRESPASS
650			_aSHEFFIELD CITY COUNCIL V SMART
650			_aNOTICE TO QUIT
650			_aMICHALAK V WANDSWORTH LBC
650			_aKENSINGTON AND CHELSEA LBC V O'SULLIVAN
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 6
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 8
650			_aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650			_aNEWHAM LBC V KIBATA
690			_aLANDLORD AND TENANT-RESIDENTIAL TENANCIES-CASE LAW
856			_uhttps://www.courtservice.gov.uk/View.do?id=2326 _zView judgment on the Court Service website...
856			_uhttps://www.courtservice.gov.uk/View.do?id=2326 _zView judgment on the Court Service website...
942			_n0
999			_c117295 _d117295