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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