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04 APR 2012

Corby Borough Council v Scott [2012] EWCA Civ 276

Housing – possession proceedings – Article 8 defences – guidance

The Court of Appeal assessed two cases relating to the role of Article 8 ECHR in possession proceedings after the Supreme Court decisions in Pinnock and Powell. Proportionality should be considered early in possession proceedings and hopeless cases should not be allowed to take up court time and delay the landlord's right to possession.
13 March 2012
Court of Appeal (Civil Division)
Lord Neuberger MR; Richards LJ; Davis LJ
On appeal from Northampton County Court and Dartford County Court
In the first appeal, Corby Borough Council appealed against a judge's decision not to order possession of a flat against Ms Scott (S) on the basis that there were exceptional circumstances that would make it a breach of Article 8 ECHR. In the second appeal, Mr Haycraft (H) appealed against a judge's decision to reject his Article 8 ECHR argument and make an order for possession of his flat in favour of West Kent Housing Association.

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