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Akerman- Livingstone v Aster Communities Ltd [2015] UKSC 15 (11 March 2015)
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This appeal is about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, where the claimant is a social landlord, as they can normally take to a defence asserting that eviction by a public authority would breach the right to respect for the defendant's home, which is protected by article 8 of the European Convention on Human Rights. Do the principles applicable to article 8 defences, laid down by the Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45, [2011] 2 AC 104 ("Pinnock") and Hounslow London Borough Council v Powell [2011] UKSC 8, [2011] 2 AC 186 ("Powell") also apply to discrimination defences?
This appeal is about the proper approach of the courts where the defendant to a claim for possession of his home raises a defence of unlawful discrimination, contrary to the Equality Act 2010, by the claimant landlord. In particular, the issue is whether the courts are entitled to take the same summary approach to such a defence, where the claimant is a social landlord, as they can normally take to a defence asserting that eviction by a public authority would breach the right to respect for the defendant's home, which is protected by article 8 of the European Convention on Human Rights. Do the principles applicable to article 8 defences, laid down by the Supreme Court in Manchester City Council v Pinnock [2010] UKSC 45, [2011] 2 AC 104 ("Pinnock") and Hounslow London Borough Council v Powell [2011] UKSC 8, [2011] 2 AC 186 ("Powell") also apply to discrimination defences?
