000 02323cab a2200241 4500
001 L129259
008 050405n2005 000 0 eng u
035 _a(Sirsi) u129259
041 _aeng
245 _aJoseph Taylor v Lancashire County Council and Secretary of State for Environment, Food and Rural Affairs as the intervenor
260 _c2005
490 _aEstates Gazette
_v[2005] 23 EG 142-149(7)
490 _aWeekly Law Reports
_v[2005] 1 WLR 2668-2684(17)
520 _a[2005] EWCA Civ 284, 17 March 2005. Considers whether the notice to quit scheme under the Agricultural Holdings Act 1986 was incompatible with the Convention for the Protection of Human Rights and Fundamental Freedoms after the coming into force of the Human Rights Act 1998 because it discriminated contrary to Art 14 of the Convention between agricultural tenants facing eviction for failing to maintain holdings and tenants facing eviction for failing to improve them. Appeal by tenant (T) against respondent local authority's (L) order for possession of his agricultural holding ([2004]) EWHC 776 (QB), Abs67747). T had used his holding for business other than agricultural purposes. L served T with notice to quit under the 1986 Act Sched 3 Part I Case D. Statutory arbitration determined that the notice was valid and T's consequent challenge failed. T sought a declaration following s4(2) of the 1998 Act that the notice to quit provisions of the 1986 Act were incompatible with the Convention. "Held": appeal dismissed. T was not a victim for the purposes of s7 of the 1998 Act or the Convention. The differential treatment of tenants under the 1986 Act did not depend on their property or status within Art 14 of the Convention but solely on the content of the covenant alleged to have been breached.
590 _aIKA150405
650 _aJOSEPH TAYLOR V LANCASHIRE CC AND SOS FOR ENVIRONMENT, FOOD AND RURAL AFFAIRS
650 _aAGRICULTURAL HOLDINGS ACT 1986
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS ART 14
650 _aHUMAN RIGHTS ACT 1998
690 _aPROPERTY-LEASEHOLD PROPERTY-LANDLORD AND TENANT-TENANCIES-AGRICULTURAL TENANCIES
856 _uhttps://www.bailii.org/ew/cases/EWCA/Civ/2005/284.html
_z View the item free of charge at www.bailii.org...
942 _n0
999 _c75028
_d75028