In the case of Thurrock Council –v- Aaron West the Court of Appeal has given further useful guidance on how Article 8 will be considered by the Courts following Pinnock, this time in relation to a wrongful claim for succession. The situation that arose in West will be familiar to all those working in housing [...]
Comment and advice on the latest legal issues, and answers to some of the questions we are often asked…
Tag Archives | PinnockThe Purpose of Review in Ending Introductory (Starter) Tenancies
Those working in the Social Housing sector will be very familiar with the introductory, or starter, tenancy regime – i.e. a tenancy which effectively provides for a 12 month trial period before converting to either a secure or assured tenancy at the end of that period. However, if the landlord experiences any problems in that [...]
Pinnock: the view from the local Judiciary
By way of a brief re-cap, and as you all know only too well by now – in Manchester CC –v- Pinnock, it was established that the County Court could review whether a public authority’s decision to seek possession of a home on an otherwise mandatory ground was “proportionate” in light of Article 8 of the [...]
Pinnock MkII – A further ruling on proportionality
Following the recent decision in Pinnock, the Supreme Court has recently decided 3 more cases which both seem to support the Pinnock ruling and add to it. The three cases in question were (1) Hounslow LBC v Powell; (2) Leeds City Council v Hall; and (3) Birmingham City Council v Frisby. By way of background, [...]
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