“The definition of ‘protected site’ in s 5(1) of the Mobile Homes Act 1983, in excluding gipsies from the protection of the Act, was incompatible with an occupier’s right under art 8 of the Convention for the Protection of Human Rights and Fundamental Freedoms to respect for his home. The occupier’s case should be remitted to the judge to consider whether the local authority’s decision to seek possession had been reasonable.”
WLR Daily, 12th August 2008
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
