Bedfordshire County Council v Taylor & Ors

Bedfordshire County Council v Taylor & Ors

Permission to appeal is granted on the new ground (3) only, as Doherty may arguably add a gloss to Kay regarding consideration of personal circumstances in proportionality assessments, but no encouragement is given as to the likelihood of success.

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
Civil Appeal / Permission to Appeal Application
Outcome
Permission to appeal granted on ground 3 only; refused on grounds 1 and 2.
Legal Topics
Possession Proceedings, Article 8 ECHR, Trespass, Proportionality
Land Law Human Rights Possession Proceedings Article 8 ECHR Trespass Proportionality

Case Brief

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Parties

Bedfordshire County Council

Respondent/claimant

Paul Taylor

Applicant/defendant

Russell Atkin

Applicant/defendant

Carl Birch

Applicant/defendant

David Lynch

Applicant/defendant

Procedural Posture

Civil Appeal / Permission to Appeal Application

Legal Issues

  1. 1 Whether the House of Lords decision in Doherty v Birmingham County Council changes the law relevant to possession proceedings involving trespassers and Article 8 ECHR rights
  2. 2 Whether the appellants should be granted permission to appeal on the basis of a new ground relating to proportionality and personal circumstances

Ratio Decidendi

Permission to appeal is granted on the new ground (3) only, as Doherty may arguably add a gloss to Kay regarding consideration of personal circumstances in proportionality assessments, but no encouragement is given as to the likelihood of success.

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 the amended grounds of appeal.
  • Permission refused on grounds 1 and 2.