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Court of Appeal dismisses appeal of High Court refusal to overturn an order for possession made to a local authority which, the applicant argued, breached his rights under EU law, on the grounds that the order for possession was made within the confines of the relevant legislation, and the trial judge properly construed that legislation.
Judicial review – housing law – appeal of High Court refusal to overturn order for possession – s. 62 of the Housing Act 1966 – s. 13(8) of the Housing (Miscellaneous Provisions) Act 2014 – Article 8 of the European Convention of Human Rights – whether the making of an order for possession in favour of the Council was wholly disproportionate – European Convention of Human Rights Act 2003 – did the Circuit Court order breach the provisions of the 2003 Act – whether the proper interpretation of s. 66 of the 1966 Act should be modified by reference to s. 2 of the 2003 Act – Housing (Miscellaneous Provisions) Act 2014 (Commencement of Certain Provisions) Order 2015 (S.I. No. 121 of 2015) – Circuit Judge did not err in the manner in which she construed s. 62(3) of the 1966 Act – appeal dismissed.
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