A less restrictive line was taken by the Court of Appeal in the subsequent case of [ case ], where the court determined that the defendant housing association, which was a registered social landlord, was liable under the HRA 1998 (specifically the ECHR, art 8) in respect of their action in terminating the claimant's tenancy. In this case, the Court of Appeal appears to have clarified the law further in respect of hybrid authorities. It stated that if any of the functions that a body performs are public, it will be seen as a hybrid public authority. However, a final very important further proviso applied before liability under the HRA 1998, s 6(1) would apply, namely the nature of the action which the body is carrying out at the relevant time. Here, it stated that the court should ask whether the specific act undertaken by the authority is nevertheless private in nature? If it is, the defendant will be able to rely on the HRA 1998, s 6(5) and will not be subject to liability under the HRA 1998 in relation to this action. However, if the action is considered public in nature, the body will be potentially liable.
Answer
R (Weaver) v London and Quadrant Housing Trust
Tags
#hra #law #public
Question
A less restrictive line was taken by the Court of Appeal in the subsequent case of [ case ], where the court determined that the defendant housing association, which was a registered social landlord, was liable under the HRA 1998 (specifically the ECHR, art 8) in respect of their action in terminating the claimant's tenancy. In this case, the Court of Appeal appears to have clarified the law further in respect of hybrid authorities. It stated that if any of the functions that a body performs are public, it will be seen as a hybrid public authority. However, a final very important further proviso applied before liability under the HRA 1998, s 6(1) would apply, namely the nature of the action which the body is carrying out at the relevant time. Here, it stated that the court should ask whether the specific act undertaken by the authority is nevertheless private in nature? If it is, the defendant will be able to rely on the HRA 1998, s 6(5) and will not be subject to liability under the HRA 1998 in relation to this action. However, if the action is considered public in nature, the body will be potentially liable.
Answer
?
Tags
#hra #law #public
Question
A less restrictive line was taken by the Court of Appeal in the subsequent case of [ case ], where the court determined that the defendant housing association, which was a registered social landlord, was liable under the HRA 1998 (specifically the ECHR, art 8) in respect of their action in terminating the claimant's tenancy. In this case, the Court of Appeal appears to have clarified the law further in respect of hybrid authorities. It stated that if any of the functions that a body performs are public, it will be seen as a hybrid public authority. However, a final very important further proviso applied before liability under the HRA 1998, s 6(1) would apply, namely the nature of the action which the body is carrying out at the relevant time. Here, it stated that the court should ask whether the specific act undertaken by the authority is nevertheless private in nature? If it is, the defendant will be able to rely on the HRA 1998, s 6(5) and will not be subject to liability under the HRA 1998 in relation to this action. However, if the action is considered public in nature, the body will be potentially liable.
Answer
R (Weaver) v London and Quadrant Housing Trust
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Open it A less restrictive line was taken by the Court of Appeal in the subsequent case of R (Weaver) v London and Quadrant Housing Trust, where the court determined that the defendant housing association, which was a registered social landlord, was liable under the HRA 1998 (specifically the ECHR, art 8) in respect of
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