Laura Tweedy succeeded in recent mandatory possession case involving Article 8 defences

01 May 2012

Laura Tweedy of Hardwicke was successful as Counsel for the Claimant, Amicus Horizon, in the recent County Court case Amicus Horizon v Colin Hutchinson relating to the application and interpretation of Corby Borough Council v Nicholle Scott; West Kent Housing Association Ltd v Jack Haycraft [2012] EWCA 276  which followed the Supreme Court's decisions in Manchester City Council v Pinnock UKSC 45, London Borough of Hounslow v Powell and Other [2011] UKSC 8.

The Defendant argued that he should be able to defend the claim to possession on the basis of an Article 8 Human Rights defence. The judgment relates to the summary hearing which was listed to decide whether he passed the threshold to be able to run his Defence at trial. It is a useful judgment in that it demonstrates how the County Court is dealing with and interpreting Haycraft, Pinnock and Powell.

The facts of the case were interesting because the Defendant did not have a tenancy of the property but he had lived there for a lot of his life and he had serious mental health problems. The case also raised issues in relation to how evidence should be presented at these summary hearings.

Laura was instructed by Colin Hammond of Penningtons Solicitors.

Please feel free to contact Laura Tweedy or Colin Hammond if you would like to discuss the case further.