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13 Dec 2007, 2:13 pm
The public law defence This is discussed solely in terms that a decision to bring a possession claim by a public authority is, in the circumstances, something no reasonable person could consider justifiable, following Wandsworth BC v Winder [1985] AC 461. [read post]
5 Apr 2010, 7:41 am by Dave
From that small seed, it was argued by Hounslow, Leeds and Manchester that a gateway (b) defence is not open to a Defendant at all in the county court and, in the alternative, Wandsworth LBC v Winder [1985] AC 461, properly analysed, only gives rights to defend private rights using public law. [read post]
5 Apr 2010, 7:41 am by Dave
From that small seed, it was argued by Hounslow, Leeds and Manchester that a gateway (b) defence is not open to a Defendant at all in the county court and, in the alternative, Wandsworth LBC v Winder [1985] AC 461, properly analysed, only gives rights to defend private rights using public law. [read post]
29 May 2009, 2:36 pm
The position was: (a) that public law defences based on the alleged irrationality of a decision to seek possession could be raised as a defence in the county court - Wandsworth LBC v Winder [1985] AC 461 (b) that Article 8 could not be relied upon to defeat a proprietary or contractual right to possession - Harrow BC v Qazi [2004] 1 AC 983 (c) that decision had been doubted by the decisions of the European Court of Human Rights in Connors v UK [2005] 40 EHRR 185… [read post]
5 Apr 2024, 9:05 pm by Narintohn Luangrath
Hall notes that under the test Justice Gorsuch articulates in his Gundy v. [read post]
30 Apr 2010, 4:22 pm by NL
There was no infringement of her existing rights (Wandsworth v Winder [1985] AC 461) as the right was to an AST, not an assured tenancy. [read post]
30 Apr 2010, 4:22 pm by NL
There was no infringement of her existing rights (Wandsworth v Winder [1985] AC 461) as the right was to an AST, not an assured tenancy. [read post]
3 Dec 2007, 12:24 am
"  Just a guess on my part, but maybe it had something to do with Ford inviting himself into Scruggs' attorney fees -- as alleged in the Jones v. [read post]
25 Jan 2010, 9:53 am by Jeffrey Kahn
Her word was law, since prior to the Supreme Court's opinion in Kent v. [read post]
16 Jan 2023, 12:52 pm by Travis Walker and Imran Ahmad (CA)
Each of the representative plaintiffs raised claims based on the tort of intrusion upon seclusion that was first recognized by the Court of Appeal in Jones v. [read post]
10 Nov 2023, 3:24 pm by Dennis Aftergut
Voters have consistently rebelled against the Supreme Court’s June 2022 Dobbs decision overturning Roe v. [read post]