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Southend-On-Sea Borough Council v Armour

2014

COURT OF APPEAL (CRIMINAL DIVISION)

United Kingdom

CORAM

  • LORD JUSTICE SULLIVAN
  • LORD JUSTICE LEWISON

Areas of Law

  • Property and Real Estate Law
  • Human rights Law
  • Civil Procedure
  • Evidence Law

AI Generated Summary

Southend-on-Sea Borough Council sought possession against Mr Armour’s introductory tenancy after three early incidents of abusive and antisocial conduct. A review panel dismissed his challenge, and proceedings were issued. Nearly a year later, with no further incidents, Ms Recorder Davies concluded that making a possession order at trial would be disproportionate under article 8, emphasizing Mr Armour’s sustained compliance and supported desire to keep his home. On second appeal, Lewison LJ held that proportionality is a value judgment; appellate courts should not interfere unless the trial judge was wrong. He distinguished cases involving trespassers and persistent nuisance, rejected the Council’s fresh evidence under Ladd v Marshall and Re Uddin principles, and affirmed dismissal. McFarlane and Sullivan LJJ agreed.