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‘Human rights’ defences in residential possession proceedings: a cautionary tale

Loveland, I. (2017). ‘Human rights’ defences in residential possession proceedings: a cautionary tale. Kings Law Journal, 28(1), pp. 130-156. doi: 10.1080/09615768.2017.1318589


This paper charts the progress of a complex possession action in the English county court. The case raised a mix of inter-related questions under the Human Rights Act 1998, the Equality Act 2010 and general principles of public law in relation to assured shorthold tenancies. The purpose of the paper is to bring much more clearly and fully to the attention of academic lawyers and law students the way in which the mechanics of preparing, pleading and arguing such cases effectively shape ‘the law’ which the courts apply.

Publication Type: Article
Additional Information: This is an Accepted Manuscript of an article published by Taylor & Francis in Kings Law Journal on 16 May 2017, available online:
Publisher Keywords: Possession Proceedings; Human Rights Defences; Equality Act 2010
Subjects: K Law > KD England and Wales
Departments: The City Law School > Academic Programmes
Text - Accepted Version
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