Skip to content

Ask an Academic

  • Home
  • Ask a Question
  • Contact Us
Law and justice statue

The significance in Human Rights law and UK law of Kay and others v UK [2010] ECHR 1322

September 24, 2019 by AskanAcademic.com

An examination of the decision in Kay and others v UK [2010] ECHR 1322 and whether it is significant in Human Rights law and UK law.

Question

Is the case of Kay and others v UK [2010] ECHR 1322 significant for residential tenants in England?

Answer

The case of Kay v UK involved applicants who occupied short term leases of housing units owned by the local authority. The local authority terminated the leases, and following, the applicants claimed these proceedings breached their Article 8 Rights regarding the right to a family life due to a breach of the right to respect for private and home life. The European Court of Human Rights (ECtHR) found a violation of this right, despite an unsuccessful claim in the domestic courts due to the precedent from the House of Lords authority Kay v Lambeth LBC [2006].

The reasoning behind this decision is not entirely clear. The UK courts established that the termination of the leases was a proportionate response, but the ECtHR emphasised the fact that as the loss of one’s home is the most extreme interference of Article 8, the individual(s) at risk should have the proportionality of the decision in question assessed by an independent tribunal, notwithstanding the ruling of the domestic law.

The first reason why this has not changed the law in a meaningful way is that there is a lack of clarification in this decision. Does the court itself decide whether the eviction is proportionate, or would this be more akin to a judicial review process?

The most significant reason for the meaningless of this decision is the doctrine of precedent. The decision of the ECtHR does not alter the position in domestic law, and the House of Lords’ authority Kay v Lambeth LBC will allow the domestic courts to continue to breach the Article 8 rights.

References

Kay v Lambeth LBC [2006] 2 AC 465

Kay v UK [2010] ECHR 1322

Post navigation

Previous Post:

Would a chicken dinner make a better Labour leader than Jeremy Corbyn?

Next Post:

Challenges in multiparty investment arbitration

Search Q&As

Categories

  • Art Media and Literature (74)
  • Business and Management (256)
  • Computing and ICT (14)
  • Construction and Engineering (35)
  • Education (90)
  • Environmental Sciences (2)
  • Finance and Economics (91)
  • Health (64)
  • Languages (12)
  • Law (88)
  • Mathematics and Statistics (2)
  • Medical Sciences (19)
  • Politics and International Relations (83)
  • Research Methodology (1)
  • Science (49)
  • Social Sciences (101)

Archives

Who We Are

Askanacademic.com is owned and operated by All Answers Ltd, a company registered in England and Wales. Company Registration No: 4964706. VAT Registration No: 842417633. Data Controller No: Z1821391.

Registered office:
Venture House
Cross Street
Arnold
Nottingham
NG5 7PJ

Main Navigation

  • Home
  • Ask a Question
  • Contact Us

Legals

  • Cookie Policy
  • Privacy Policy

Popular Categories

  • Business and Management
  • Law
  • Finance and Economics
  • Health
An an Academic Logo
© 2023 Ask an Academic | WordPress Theme by Superb Themes
This website uses cookies to improve your experience. We'll assume you're ok with this, but you can opt-out if you wish. Accept Reject
Read More
Privacy & Cookies Policy

Privacy Overview

This website uses cookies to improve your experience while you navigate through the website. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyze and understand how you use this website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies. But opting out of some of these cookies may affect your browsing experience.
Necessary
Always Enabled
Necessary cookies are absolutely essential for the website to function properly. This category only includes cookies that ensures basic functionalities and security features of the website. These cookies do not store any personal information.
Non-necessary
Any cookies that may not be particularly necessary for the website to function and is used specifically to collect user personal data via analytics, ads, other embedded contents are termed as non-necessary cookies. It is mandatory to procure user consent prior to running these cookies on your website.
SAVE & ACCEPT