South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

South Lanarkshire Council v Victoria Murphy (Sheriff Court Civil) [2025] SCHAM 59 (10 June 2025)

The pursuer established the statutory ground for recovery of possession under the streamlined procedure due to the defender's conviction for a serious drug offence at the property. The court found that the pursuer complied with statutory requirements, served notice timeously, and considered the defender's and her daughter's vulnerabilities. The court held that eviction was a proportionate interference with Article 8 ECHR rights, given the seriousness of the offence and its impact on the community, and that the pursuer's decision-making process was not vitiated by failure to comply with the Public Sector Equality Duty or to make reasonable adjustments.

Citation
[2025] SCHAM 59
Parties
Pursuer: South Lanarkshire Council; Defender: Victoria Murphy
Jurisdiction
Scotland
Judgment Date
10 June 2025
Procedural Posture
Civil Eviction / Recovery of Possession / Final Judgment After Proof
Outcome
Decree granted for recovery of possession as craved.
Legal Topics
Eviction, Streamlined Eviction Procedure, Public Sector Equality Duty, Proportionality, Article 8 ECHR, Reasonable Adjustments, Anti Social Behaviour, Criminal Conviction as Ground for Eviction
Housing Law Public Law Human Rights Law Disability Law Eviction Streamlined Eviction Procedure Public Sector Equality Duty Proportionality +4 more

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Parties

South Lanarkshire Council

Pursuer

Victoria Murphy

Defender

Procedural Posture

Civil Eviction / Recovery of Possession / Final Judgment After Proof

Legal Issues

  1. 1 Whether the pursuer is entitled to recovery of possession under the streamlined procedure of the Housing (Scotland) Act 2001 section 16(2)(aa) following the defender's conviction for a drug offence.
  2. 2 Whether the eviction is a proportionate interference with the defender's Article 8 ECHR rights.
  3. 3 Whether the pursuer complied with the Public Sector Equality Duty and made reasonable adjustments under the Equality Act 2010.

Ratio Decidendi

The pursuer established the statutory ground for recovery of possession under the streamlined procedure due to the defender's conviction for a serious drug offence at the property. The court found that the pursuer complied with statutory requirements, served notice timeously, and considered the defender's and her daughter's vulnerabilities. The court held that eviction was a proportionate interference with Article 8 ECHR rights, given the seriousness of the offence and its impact on the community, and that the pursuer's decision-making process was not vitiated by failure to comply with the Public Sector Equality Duty or to make reasonable adjustments.

Court Disposition

Decree granted for recovery of possession as craved.

Orders

  • Order for removal of the defender, her family, sub-tenants and dependants, with all goods and possessions, from the property.
  • Issue of expenses reserved sine die.