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Supreme Court dismisses appeal from High Court, and affirms refusal of judicial review arising from an application by a local authority for possession of a dwelling house for anti-social behaviour, on the grounds that: (a) the tenant had consented to an order compelling a District Court judge to issue an order for execution, and had thereby acquiesced in the termination of her tenancy; and (b) it was questionable whether she would have been entitled to any reliefs even if the issues of delay and acquiescence had not been held against her by the trial judge.
Dunne J (nem diss): Judicial review - appeal from refusal of judicial review in High Court - delay and acquiescence - local authority tenant - summons for possession in 2008 - allegations of anti-social behaviour - leave granted to challenge section 62 of the Housing Act 1966 - European Convention on Human Rights Act 2003 - constitutional rights - failure to challenge notice to quit - delay and acquiescence - whether participation in District Court proceedings amounted to acquiescence - whether appeal moot - tenant evicted from property by time appeal was heard - other reliefs sought.
Note: This is intended to be a fair and accurate report of a decision made public by a court of law. Any errors should be notified to the editor and will be dealt with accordingly.
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