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Roundup of property developments in 2016

Adam Rosenthal considers a cross section of the cases decided this year,

including three significant Supreme Court judgments

22 December 2016

As 2016 ends with the Supreme Court engulfed in a case of constitutional magnitude, it is comforting to property practitioners to note that during the course of this year no less than three Supreme Court judgments have been handed down in our field of practice. These decisions range from the extent of a prescriptive right to fish in the Wash to the application of the Human Rights Act 1998 to residential possession claims. The Court of Appeal has also heard a number of appeals of interest.

In McDonald v McDonald [2016] UKSC 28, the Supreme Court finally put to bed the argument that a court hearing a possession claim by a private-sector owner was required to consider the proportionality of evicting the tenant. Although the court is a ‘public authority’ for the purposes of section 6 of the Human Rights Act, section 6 and article 8 of the European Convention on Human Rights do not require the court to consider th...

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