Equality duty does not give rise to a defence to possession claim
21 July 2011
The occupier of a school house sought to defend a claim for possession on the grounds that the decision to evict was made in breach of the disability equality duty and was otherwise a disproportionate interference with his rights under ECHR Art.8.
His adult daughter is disabled and it was argued that the authority ought to have considered her disabilities before evicting.
The Court of Appeal concluded that even though there had been a breach of the equality duty it did not give rise to a defence to a claim for possession.
Adam Fullwood successfully represented the authority.
A copy of the judgement can be downloaded here.