Talking without speaking, hearing without listening? Evictions, the UK top court and the European Court of Human Rights
journal contribution
posted on 2023-06-09, 00:21authored byAlexander Latham
Assesses the responses of the House of Lords to jurisprudence from the European Court of Human Rights applying the European Convention on Human Rights 1950 art.8 in cases involving the recovery of possession of residential premises by public bodies to evaluate the approach of the Law Lords in establishing a dialogue with Strasbourg on the domestic implementation of human rights standards. Argues that the English courts have yet to develop an adequate conception of "home" in these cases. Applies a rights-based analysis of the rule whereby a joint tenant can unilaterally end a joint tenancy.