You are here

End of the line?

Have the courts dismissed the possibility of using a human rights defence in possession proceedings, and if so, what can defendants do now? ask Adam Heppinstall and Annabel Walker

11 July 2003

The recent cases of Kensington and Chelsea Royal LBC v O’Sullivan [2003] EWCA Civ 371 and R (Gangera) v Hounslow LBC [2003] EWHC 794 (Admin) have explored two important issues regarding the interaction between possession proceedings, human rights and public law:

  •  Is there a residual discretion to refuse to make a possession order under the articles of the European Convention of Human Rights where Parliament or the common law requires judges to make possession orders?
  • When, where and how should a defendant in possession proceedings raise a human rights point as a defence?

Facts of O’Sullivan
The appellant (S) was the wife of the respondent council’s former tenant, who had occupied the property (on and off) with her husband since the grant of the tenancy in 1970, at which time the husband had been given a sole tenancy in accordance with the then policy of the council, this being that when providing ...

Want to read on?

This article is part of our subscription-based access. Please pick one of the options below to continue.

Already registered? Login to access premium content

SUBSCRIBE for one User

Unlimited access to the entire SJ website for a full year for one user.

  • 10 issues a year delivered to you
  • Digital edition of the magazine for one user – sent to your inbox or accessible through the website
  • Access to premium content on the website
  • Access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online
  • Advanced search feature
  • Online support
  • Access to SJ app compatible with Android and Apple devices – coming soon!
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

Subscribe

CORPORATE SUBSCRIPTION

Your department or entire firm can subscribe to Solicitors Journal online, providing easy access for all who require it. Discount corporate subscription rates apply, based on number of users.

The Corporate IP Licence includes:

  • Digital copy of the magazine sent to individuals’ inboxes and accessible through the website. Solicitors Journal publishes 10 issues per year
  • Unlimited access to premium content on the website based on IP addresses
  • Unlimited access to the fully searchable online archive of Solicitors Journal, Managing Partner and Private Client Adviser, which spans over 13 years
  • Weekly email newsletter with all the latest news, analysis and features
  • Comment on SJ content and contribute to the SJ community online (username required)
  • Unlimited access to SJ app compatible with Android and Apple devices
  • 6 special focuses per year
  • Special offers and discounts on Solicitors Journal and IICJ events

The Corporate IP Licence is tailored to your firm, making it the most cost effective way for the firm to access Solicitors Journal, and enables the firm to remain compliant with copyright and our Terms and Conditions. This gives you the ability to print and circulate articles within the firm.

To enquire about a Corporate IP Licence for your firm, please contact our Subscriptions Manager on emily.beechey@solicitorsjournal.com.