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Secretary of State for Defence v Nicholas [2015] EWCA Civ 53

Tuesday 17 February 2015

Jonathan Davey has just been successful in the Court of Appeal in the case of Secretary of State for Defence v Nicholas. This is the real estate / human rights test case regarding the compatibility of otherwise of the Crown Exemption in landlord and tenant legislation with the European Convention on Human Rights.

The facts of the case concern the rights of military personnel and their families under Articles 8 and 14 ECHR in relation to Ministry of Defence owned accommodation. In deciding the case in favour of Jonathan’s client, the Secretary of State for Defence, the Court of Appeal upheld the first instance decision of Mr Justice Burton: Secretary of States for Defence and Transport v Nicholas and Blake [2013] EWHC 2351 (QB). The case has potentially wide ranging implications for thousands of properties throughout the country.

The Defendant is seeking permission to appeal to the Supreme Court.

The decision : http://www.bailii.org/ew/cases/EWCA/Civ/2015/53.html

The full Judgment is available here [Download(Crown copyright)