Kay v. Lambeth LBC

Kay v. Lambeth LBC was a legal case involving claims for possession by Lambeth LBC against a "group of former short-life occupiers". [ [http://www.clarkewillmott.com/sectors/real_estate/housing_associations/introduction/articles.html?Article=917 Home sweet home?] ] ["In the House of Lords (Kay v Lambeth LBC; Price v Leeds CC, The Times, 10 March 2006) it was held by Lord Bingham that the European Court accorded a generous margin of appreciation to the national authorities, attaching much importance to the facts of the case. Thus, it was for the courts to decide how in the first instance the principles expounded in Strasbourg should be applied in the special context of national legislation, practice and social and other considerations. To those decisions the ordinary rules of precedent should apply." [http://www.booksites.net/download/foster/student_files/0582438330_update_jun06.doc Human Rights and Civil Liberties] (Document format) by Steve Foster, Longman, 2003] [cite journal|journal=Solicitors Journal|title=Kay v Lambeth LBC; Price v Leeds City Council (2006) UKHL 10|date=2006-03-24|url=http://www.solicitorsjournal.com/story.asp?storyCode=7377] [ [http://www.hmcourts-service.gov.uk/judgmentsfiles/j2682/kay-v-lambeth.htm Actual judgment documentation] ] [ [http://www.ppmagazine.co.uk/index.aspx?pageId=81&mid=108 Arden Chambers E-Flash] ] The ruling, which was in the plaintiff's favour, in effect stated that homeless individuals who have been granted a sub-licence allowing them to occupy accommodation temporarily passed to a housing trust by a local authority, do not, as a result become secured tenants of the local authority.

References

See also

* ratio decidendi