Podcast Location:
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Categories:
Human Rights, Civil Liberties & Public Law
Housing & Property
Governance & Service Provision
CPD Points:
Up to 1 point. details »

Due to the difference in guidelines between the SRA and the Bar Standards Board, CPD points are awarded differently for Solicitors, Barristers and Legal Executives:

Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

In this CPDcast, Ryan Kohli from Cornerstone Barristers discusses proportionality challenges to claims for possession following the Court of Appeal case of Thurrock Borough Council v West [2012] in which Ryan successfully appeared on behalf of the Council. This CPDcast will be of interest to human rights, public law and housing law practitioners.

Outcomes:
After completing the course you will:
  • Understand how proportionality claims have evolved and the legal basis for such a challenge;
  • Be aware of the significance of Thurrock Borough Council v West [2012] for practitioners in the field;
  • Know the facts and issues of contentious which were presented in Thurrock v West [2012];
  • Have considered the implications of the decision in Thurrock v West [2012] for local authorities making housing decisions;
  • Be aware of the procedural factors regarding proportionality challenges which should be considered in light of R (on the application of JL) v Secretary of State for Defence [2013];
  • Know practical steps which social housing practitioners can take to prepare for any proportionality challenges to their claims for possession.
Level:
General Interest Difficulty: 2 of 5
Classification:
Case Update
Sources and References:
  • Connors v. The United Kingdom - 66746/01 [2004] ECHR 223 (27 May 2004);
  • Cusack v. London Borough of Harrow [2011] EWCA Civ 1514;
  • Doherty v Birmingham City Council [2008] UKHL 57;
  • European Convention on Human Rights, Article 8;
  • Equality Act 2010;
  • London Borough of Hounslow v Powell [2011] UKSC 8;
  • Manchester City Council v Pinnock [2010] UKSC 45;
  • R (on the application of JL) v Secretary of State for Defence [2013] EWCA Civ 449;
  • Thurrock Borough Council v Aaron West [2012] EWCA Civ 1435.
Tags:

In this CPDcast, Ryan Kohli from Cornerstone barristers discusses proportionality challenges to claims for possession following the Court of Appeal case last year of Thurrock v West [2012].

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

Date Recorded: 2nd September 2013

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