Doherty v Birmingham City Council – Times Law Reports

Posted August 14th, 2008 in human rights, law reports, local government, travellers 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


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