Case Note: McDonald (by her litigation friend Duncan J McDonald) v McDonald and others [2016] UKSC 28

July 20, 2016

The Supreme Court has held that where a private sector owner brings a claim for possession against a residential occupier, a court is not required to consider the proportionality of evicting the occupier in the light of section 6 of the Human Rights Act 1998 and article 8 of the European Convention on Human Rights.

The decision has implications for landlords and tenants in the private sector, but also gives guidance as to the application of the Human Rights Act 1998 more generally and how proportionality assessments operate in the public housing realm.

Click here to read a case note prepared by John Waiting.