The holy grail as an empty chalice? Proportionality review in possession proceedings after Pinnock and Powell

Loveland, I. (2013). The holy grail as an empty chalice? Proportionality review in possession proceedings after Pinnock and Powell. Journal of Planning and Environment Law, 2013(6), pp. 622-631.

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Abstract

Reviews the need for courts to conduct proportionality evaluations under the European Convention on Human Rights 1950 art.8 in residential possession proceedings following the Supreme Court decisions in Manchester City Council v Pinnock and Hounslow LBC v Powell, and considers, with reference to subsequent case law, how such proportionality reviews have been applied in practice. Examines key features of five relevant judgments, including the Queen's Bench Division decision in Southend on Sea BC v Armour and the Court of Appeal rulings in Thurrock BC v West and Birmingham City Council v Lloyd.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Journal of Planning and Environment Law following peer review. The definitive published version "Loveland, I. (2013). The holy grail as an empty chalice? Proportionality review in possession proceedings after Pinnock and Powell. Journal of Planning and Environment Law, 2013(6), pp. 622-631" is available online on Westlaw UK or from Thomson Reuters DocDel service. © 2016 Sweet & Maxwell and its Contributors
Divisions: The City Law School
URI: http://openaccess.city.ac.uk/id/eprint/13793

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