| Source: | All England Reporter |
| Publisher Citation: | [2002] All ER (D) 56 (Mar) |
| Neutral Citation: | [2002] EWCA Civ 271 |
| Court: | Court of Appeal, Civil Division |
| Judge: | Brooke, Mance LJJ and Park J |
| Representation | Anthony Scrivener QC and Jonathan Easton (instructed by DMH) for the authority. |
| Jan Luba QC and Zia Nabi (instructed by HCL Hanne & Co) for the defendant. | |
| John Howell QC and Jonathan Karas (instructed by the Treasury Solicitor) for the Secretary of State for Transport, Local Government and the Regions. | |
| Judgment Dates: | 6 March 2002 |
Catchwords
Housing - Local authority houses - Secure tenancy - Death of tenant - Possession proceedings - Whether defendant entitled to succeed to tenancy - Whether defendant member of tenant's family - Whether possession proceedings breaching defendant's human rights - ss 87, 113 - European Convention on Human Rights, arts 8, 14.
The Case
In seeking to evict a defendant from premises which had been held on a secure tenancy by the brother-in-law of the first cousin once removed of the defendant until his death, a local authority was not in breach of the defendant's human rights.
Practice Areas
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