Possession order for a site to be used as temporary accommodation for travellers (House of Lords)

Resource type: Legal update: case report

Status: Published on 14-Aug-2008

Jurisdictions: England, Wales

Doherty v Birmingham City Council [2008] UKHL 57.

The House of Lords have allowed an appeal by a traveller against the local authority's decision to evict him and his family from a caravan site.

The House of Lords held that the applicable law was defective because the legislation excluded gypsies from the procedural safeguards available to others. Unless the decision to serve notice to quit was justified by a pressing social need and was proportionate, there was a risk that D's rights under Article 8 could have been violated.

The decision clarifies that county courts should continue to follow the guidance given in Kay v London Borough of Lambeth and Leeds City Council v Price [2006] UKHL 10 when considering a human rights defence against possession proceedings.

PLC Property

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  • Resource ID: 1-382-9609
  • Published: 14-Aug-2008
  • Products:  PLC UK Property, PLC UK Public Sector
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