R (CN) v Lewisham LBC: Court of Appeal to consider whether Article 8 requires court order to evict homeless applicants
01 Jan 2018
Property, Public Law and Judicial Review
Mohamed v Manek and Desnousse v Newham LBC establish that a licensor of temporary accommodation, pending inquiries into a homelessness application, does not need a court order to evict the occupier. The appellants are arguing that these cases have been impliedly overruled by Pinnock and Powell, as the occupier has a right of access to the court prior to eviction under Article 8, ECHR.
The case, which has serious resource implications for local authorities, is listed before the Court of Appeal in June.
Matt Hutchings and Jennifer Oscroft represent Lewisham.