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Kay v Lambeth LBC; Price v Leeds City Council [2006] UKHL 10

In so far as the ratio of the decision in Harrow LBC v Qazi [2003] UKHL 43, [2004] 1 AC 983 was that the enforcement of a right to possession in accordance with the domestic law of property could never be incompatible with Art 8 of the European Convention on Human Rights 1950, that had to be modified in the light of Connors v UK [2005] 40 EHRR 9.

24 March 2006

K and P appealed against decisions that Art 8 of the European Convention on Human Rights 1950 afforded them no defence against actions for possession brought by the respondent local authorities (B and L). K had occupied residential premises owned by B and originally licensed to a housing trust. Though having originally been granted licences, they had become tenants of the trust when B had granted the trust a lease of the properties. B had then terminated the lease and sought possession of the properties on the basis that K were trespassers. K had argued that on the termination of the lease they had become tenants of B, and alternatively that Art 8 afforded them a defence to the claim. P were gypsies who had entered onto land owned by L. In response to an application by L for possession of the land they had argued that L was in breach of its statutory obligation to provide gypsy sites, that their circumstances were exceptional and that they were protected by Art 8. The issues were wh...

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