Corby Borough Council v Scott

Corby Borough Council v Scott

Neither Ms Scott nor Mr Haycraft established facts sufficient to cross the high threshold required for an Article 8 proportionality defence to possession. The circumstances relied upon were either irrelevant or insufficiently exceptional to justify refusing possession. The appeals court allowed the landlord's appeal...

Source-derived case information.

Parties
Appellant: Corby Borough Council; Respondent: Nicholle Scott; Respondent: West Kent Housing Association Ltd; Appellant: Jack Haycraft
Jurisdiction
England and Wales
Judgment Date
13 March 2012
Procedural Posture
Civil Appeal / Appeal From County Court to Court of Appeal
Outcome
Corby Borough Council's appeal allowed; West Kent Housing Association Ltd's order for possession upheld; Jack Haycraft's appeal dismissed.
Legal Topics
Possession Proceedings, Article 8 ECHR, Introductory Tenancies, Starter Tenancies, Proportionality, Judicial Review of Possession Orders
Housing Law Human Rights Law Possession Proceedings Article 8 ECHR Introductory Tenancies Starter Tenancies Proportionality Judicial Review of Possession Orders

Source-derived case record

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 4 Authorities cited 8 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Corby Borough Council

Appellant

Nicholle Scott

Respondent

West Kent Housing Association Ltd

Respondent

Jack Haycraft

Appellant

Procedural Posture

Civil Appeal / Appeal From County Court to Court of Appeal

Legal Issues

  1. 1 Whether Article 8 ECHR can be invoked to resist possession proceedings by public authorities or social landlords where there is no domestic law defence
  2. 2 What constitutes 'exceptional circumstances' justifying refusal of possession on proportionality grounds under Article 8
  3. 3 Appropriate procedural approach to Article 8 arguments in possession proceedings

Ratio Decidendi

Neither Ms Scott nor Mr Haycraft established facts sufficient to cross the high threshold required for an Article 8 proportionality defence to possession. The circumstances relied upon were either irrelevant or insufficiently exceptional to justify refusing possession. The appeals court allowed the landlord's appeal in Scott and dismissed the tenant's appeal in Haycraft.

Court Disposition

Corby Borough Council's appeal allowed; West Kent Housing Association Ltd's order for possession upheld; Jack Haycraft's appeal dismissed.

Orders

  • Order for possession granted to Corby Borough Council against Nicholle Scott.
  • Order for possession against Jack Haycraft by West Kent Housing Association Ltd upheld.