Kay And Others v United Kingdom: ECHR 21 Sep 2010, application no. 37341/06
Citation: Kay And Others v United Kingdom: ECHR 21 Sep 2010, application no. 37341/06
Rule of thumb: Is a violation of the right to privacy to remove a person from their home without a Court order? Yes, it is a violation of the Article 8 Right to Privacy for a person to be removed from their home & not be given the right to challenge the lawfulness of this.
Judgment:
The Court held that Article 8 has to be considered before someone is being repossessed or removed from their home and that they require due process of law beforehand, ‘Accordingly, for the reasons given in McCann, the Court concludes that the decision by the County Court to strike out the applicant’s article 8 defences meant that the procedural safeguards required by article 8 for the assessment of the proportionality of the interference were not observed. As a result, the applicants were dispossessed of their homes without any possibility to have the proportionality of the measure determined by an independent tribunal. It follows that there has been a violation of article 8 of the Convention in the instant case.’
Warning: This is not professional legal advice. This is not professional legal education advice. Please obtain professional guidance before embarking on any legal course of action. This is just an interpretation of a Judgment by persons of legal insight & varying levels of legal specialism, experience & expertise. Please read the Judgment yourself and form your own interpretation of it with professional assistance.