Source: All England Reporter
Publisher Citation: [2004] All ER (D) 349 (Jun)
Neutral Citation: [2004] EWCA Civ 834
Court: Court of Appeal, Civil Division
Judge:

Brooke, Jacob LJJ and Sir Martin Nourse
Representation Jan Luba QC and Alyson Kilpatrick (instructed by Glaisyers, Manchester) for Romano.
  Jan Luba QC and Alex Durance (instructed by Glaisyers, Manchester) for Samari.
  Andrew Arden QC and Michael Lemmy (instructed by Susan Orrell, Manchester) for the authority in the case of Romano.
  Andrew Arden QC and Robert Darbyshire (instructed by Susan Orrell, Manchester) for the authority in the case of Samari.
  Jill Brown (instructed by Legal Services Department of the Disability Rights Commission, Manchester) for the Disability Rights Commission, the interested party.
Judgment Dates: 29 June 2004

Catchwords

Discrimination - Disability discrimination - Housing - Possession action - Relationship between housing legislation and disability discrimination legislation -  2 - ss 22, 24(3)(a).

The Case

In the context of a possession action brought under ground 2 of Sch2 to the in order to interpret s24(3)(a) of the compatibly with the European Convention on Human Rights the court had to ask first, whether the landlord held the opinion that it was necessary to serve a notice seeking possession and-or to bring possession proceedings in order that the health of an identified person or persons would not be put at risk and secondly, whether that opinion was objectively justified, bearing in mind that health was a state of complete physical, mental and social well-being and not merely the absence of disease and infirmity. Trivial risks to health had to be disregarded.

Practice Areas

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