Category: local government

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.

Doherty v Birmingham City Council (Secretary of State for Communities and Local Government intervening) [2008] UKHL 57; [2008] WLR (D) 291

“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”

WLR Daily, 12th August 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.