Price & Ors v Leeds City Council

Price & Ors v Leeds City Council

The Court of Appeal held that, despite the incompatibility between Qazi and Connors, it was bound by the House of Lords decision in Qazi. Therefore, Article 8 ECHR could not be raised as a defence to an absolute proprietary claim for possession by a public authority. The appeal was dismissed, but permission to appeal to the House of Lords was indicated as appropriate to resolve the conflict with Strasbourg jurisprudence.

Parties
Appellants: Price & Ors (the Maloneys); Respondent: Leeds City Council
Jurisdiction
England and Wales
Judgment Date
16 March 2005
Procedural Posture
Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Article 8 ECHR (right to Respect for Home), Possession Proceedings, Public Authority Obligations, Stare Decisis, Compatibility of Domestic Law With ECHR
Human Rights Law Property Law Civil Procedure Article 8 ECHR (right to Respect for Home) Possession Proceedings Public Authority Obligations Stare Decisis Compatibility of Domestic Law With ECHR

Case Brief

Summary, issues, holding and outcome

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Parties

Price & Ors (the Maloneys)

Appellants

Leeds City Council

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court (queen's Bench Division) to Court of Appeal

Legal Issues

  1. 1 Whether a public authority's absolute right to possession can be defeated by a defence based on Article 8 ECHR
  2. 2 Whether Connors v UK is incompatible with Qazi and which decision should be followed by the Court of Appeal

Ratio Decidendi

The Court of Appeal held that, despite the incompatibility between Qazi and Connors, it was bound by the House of Lords decision in Qazi. Therefore, Article 8 ECHR could not be raised as a defence to an absolute proprietary claim for possession by a public authority. The appeal was dismissed, but permission to appeal to the House of Lords was indicated as appropriate to resolve the conflict with Strasbourg jurisprudence.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; possession order stands
  • Permission to appeal to the House of Lords indicated if sought and not successfully opposed