Corby Borough Council V Nicholle Scott : West Kent Housing Association Ltd V Jack Haycraft [2012] EWCA Civ 276; [2012] HLR 23; [2012] 12 EG 92 (CS); [2012] 1 P & CR DG23

01 Jan 2018


It was desirable for a judge to consider at an early stage in possession proceedings whether a tenant’s case on proportionality under the European Convention on Human Rights 1950 art.8 was arguable. If it was a case that could not succeed, it should not be allowed to take up further court time and to delay the landlord’s right to possession.