Following a 4 day trial in the Queen’s Bench Division of the High Court, Sam Phillips of Five Paper’s Property team was successful in resisting an application for a Declaration of Incompatibility.
The Defendant’s application was raised in defence to a possession claim, heard before Supperstone, J in Febraury 2016 (in which Sam appeared for the Claimant). The Defendant argued that the succession provisions of the Housing Act 1985 (preventing the children of deceased joint tenants from statutory succession) were incompatible with the European Convention on Human Rights.
Giving judgement in LB Haringey v Simawi (and Secretary of State for Housing Communities and Local Government)  EWHC 2773 (QB) Murray, J found that there was no basis for granting the Defendant’s application.
Sam appeared for the Claimant, Ben Lask appeared for the Secretary of State and Toby Vanhegan appeared, with Hannah Gardiner, for the Defendant. Please click here for the full judgment.