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‘Human Rights’ Defences in Residential Possession Proceedings: A Cautionary Tale

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This paper charts the progress of a complex possession action in the English county court. The case raised a mix of inter-related questions under the Human Rights Act 1998, the… Click to show full abstract

This paper charts the progress of a complex possession action in the English county court. The case raised a mix of inter-related questions under the Human Rights Act 1998, the Equality Act 2010 and general principles of public law in relation to assured shorthold tenancies. The purpose of the paper is to bring much more clearly and fully to the attention of academic lawyers and law students the way in which the mechanics of preparing, pleading and arguing such cases effectively shape ‘the law’ which the courts apply.

Keywords: law; residential possession; defences residential; rights defences; human rights; possession

Journal Title: King's Law Journal
Year Published: 2017

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