Bedfordshire County Council v Taylor & Ors [2008] EWCA Civ 1316 (16 October 2008)

Bedfordshire County Council v Taylor & Ors [2008] EWCA Civ 1316 (16 October 2008)

Permission to appeal is granted on ground (3) only, as the effect of Doherty on Kay and Article 8 defences in possession proceedings merits consideration, but no encouragement is given as to the substantive outcome.

Citation
[2008] EWCA Civ 1316
Parties
Respondent/claimant: Bedfordshire County Council; Applicant/defendant: Paul Taylor; Applicant/defendant: Russell Atkin; Applicant/defendant: Carl Birch; Applicant/defendant: David Lynch
Jurisdiction
England and Wales
Judgment Date
16 October 2008
Procedural Posture
Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted on ground (3) only; refused on grounds (1) and (2).
Legal Topics
Article 8 ECHR, Possession Proceedings, Trespass, Proportionality, Public Authority Powers
Civil Procedure Human Rights Property Law Article 8 ECHR Possession Proceedings Trespass Proportionality Public Authority Powers

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Bedfordshire County Council

Respondent/claimant

Paul Taylor

Applicant/defendant

Russell Atkin

Applicant/defendant

Carl Birch

Applicant/defendant

David Lynch

Applicant/defendant

Procedural Posture

Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the decision in Doherty v Birmingham County Council alters the approach to Article 8 ECHR defences in possession proceedings against trespassers
  2. 2 Whether personal circumstances of defendants can be considered in assessing proportionality under Article 8

Ratio Decidendi

Permission to appeal is granted on ground (3) only, as the effect of Doherty on Kay and Article 8 defences in possession proceedings merits consideration, but no encouragement is given as to the substantive outcome.

Court Disposition

Permission to appeal granted on ground (3) only; refused on grounds (1) and (2).

Orders

  • Permission to appeal granted on ground (3) of amended grounds of appeal.
  • Permission refused on grounds (1) and (2).