Twenty years later - assessing the significance of the Human Rights Act 1998 to residential possession proceedings

Loveland, I. (2017). Twenty years later - assessing the significance of the Human Rights Act 1998 to residential possession proceedings. The Conveyancer and Property Lawyer,

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Abstract

This paper analyses the significance from several contextual perspectives of the higher courts’ application of the provisions of the Human Rights Act 1998 to domestic housing law. The argument made is that a clear answer to that question is elusive; in part because doctrinal developments have been hesitant and incoherent, but also because we have little means to measure what effect doctrinal change has on the formulation and resolution of possession claims in county courts, where most such actions begin and end. A further evaluation difficulty arises because those doctrinal developments have emerged into a fast changing socio-economic context in which rented housing supply has become an increasingly private sector responsibility, presumptively ill-suited to regulation at judicial instigation by human rights norms.

Item Type: Article
Additional Information: This is a pre-copyedited, author-produced version of an article accepted for publication in Conveyancer and Property Lawyer following peer review. The definitive published version of: Loveland, I. (2017). Twenty years later - assessing the significance of the Human Rights Act 1998 to residential possession proceedings, will be available online on Westlaw UK or from Thomson Reuters DocDel service.
Subjects: K Law > KD England and Wales
Divisions: The City Law School > The City Law School - Academic Programmes
URI: http://openaccess.city.ac.uk/id/eprint/17163

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