The Weekly Law Reports
[2009] 3 WLR 300
Court of Appeal
Regina (Gilboy)
v
Liverpool City Council
[2008] EWCA Civ 751
2008 May 19;
July 2
July 2
Waller, Buxton, Smith LJJ
Housing— Demoted tenancy— Proceedings for possession— Local housing authority officer deciding to terminate demoted tenancy on ground of anti-social behaviour— Senior officer conducting internal review deciding case for possession made out— Tenant claiming judicial review of review officer’s decision— Whether review procedure violating Convention right to fair trial by “independent and impartial tribunal”—
Housing Act 1985 (c 68), s 82A (as inserted by Anti-social Behaviour Act 2003 (c 38), s 14(2))
—
Housing Act 1996 (c 52), ss 143D–143F (as inserted by Anti-social Behaviour Act 2003, s 14(5), Sch 1, Pt I)
—
Human Rights Act 1998 (c 42), Sch 1, Pt I, art 6
—
Demoted Tenancies (Review of Decisions) (England) Regulations 2004 (SI 2004/1679), reg 2(2)