| 000 | 02048cad a22002415a 4500 | ||
|---|---|---|---|
| 001 | L143762 | ||
| 008 | 080529e20080513xxk f 000 0 eng d | ||
| 035 | _a(Sirsi) u143762 | ||
| 041 | 0 | _aeng | |
| 245 | 0 | 0 |
_aMcCann v United Kingdom _bApplication no. 19009/04 _h[electronic resource] |
| 260 | _c2008 | ||
| 520 | _a[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. | ||
| 590 | _aKA | ||
| 650 | 2 | 4 | _aMCCANN V UNITED KINGDOM |
| 650 | 2 | 4 | _aBIRMINGHAM CC V MCCANN |
| 650 | 2 | 4 | _aCONNORS V UNITED KINGDOM |
| 650 | 2 | 4 | _aHARROW LBC V QAZI |
| 650 | 2 | 4 | _aKAY V LAMBETH LBC |
| 651 | 4 | _aEurope | |
| 690 | _aPROPERTY-RESIDENTIAL PROPERTY-RESIDENTIAL LANDLORD AND TENANT-RESIDENTIAL TENANCIES | ||
| 856 | 4 | 0 |
_uhttps://cmiskp.echr.coe.int/tkp197/view.asp?action=html&documentId=835163&portal=hbkm&source=externalbydocnumber&table=F69A27FD8FB86142BF01C1166DEA398649 _zView the judgment free of charge at http://smiskp.echr.coe.int... |
| 942 | _n0 | ||
| 999 |
_c80262 _d80262 |
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