Joanna Vicary and Robert Darbyshire have written an article for PropertyLine, part of the Solicitors Group network. The article discusses the Supreme Court’s judgment in the case of Manchester City Council v Pinnock [2010] UKHL and asks why, following this case, have the courts continued to see an article 8 defence to a claim for possession pleaded so frequently? They question, is it because each tenant, and their legal team, believe that they have the strength of case to overcome these judicial obstacles? Or is it simply a delaying tactic to keep the tenant in the property as long as possible whilst they go through the motions of jumping through these judicially crafted hoops? And if so, is there anything wrong with that?
The article can be read at www.thesolicitorsgroup.co.uk