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: Current AwarenessDoherty v Birmingham City Council - Times Law Reports
By sally
Doherty v Birmingham City Council
House of Lords
“Although the definition of a ‘protected site’ in section 5(1) of the Mobile Homes Act 1983, in excluding Gypsies from the protection of that Act, was incompatible with an occupier?s right to respect for his home in article 8 of the European Convention on Human Rights, incompatible primary legislation had to be enforced and an occupier?s defence to a local authority?s claim for possession should be remitted to the judge for examination of the question whether the council?s decision to seek possession had been reasonable.”
The Times, 14th August 2008
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
Full post as published by Current Awareness on August 14, 2008 (boomark / email).
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