Regina (JL) v Secretary of State for Defence [2013] EWCA Civ 449; [2013] WLR (D) 161
The occupant of a house was entitled to rely upon article 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms, entitling the occupant to a proportionality review, by way of opposition to the enforcement of a possession order already obtained by the owner in the exceptional circumstances where there had been a substantial change of circumstances which gave rise for the first time to an article 8 issue which neither was nor could have been pursued prior to the making of the possession order.
WLR Daily, 30th April 2013
Source: www.iclr.co.uk
