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Human rights and mortgage repossession: beyond property law using Article 8

Published online by Cambridge University Press:  02 January 2018

Sarah Nield*
Affiliation:
University of Southampton
Nicholas Hopkins*
Affiliation:
University of Southampton
*
Sarah Nield, University of Southampton, School of Law, Highfield, Southampton, Hampshire, SO17 1BJ, UK. Email: s.a.nield@soton.ac.uk. Nicholas Hopkins, University of Southampton, School of Law, Highfield, Southampton, Hampshire, SO17 1BJ, UK. Email: n.p.hopkins@soton.ac.uk
Sarah Nield, University of Southampton, School of Law, Highfield, Southampton, Hampshire, SO17 1BJ, UK. Email: s.a.nield@soton.ac.uk. Nicholas Hopkins, University of Southampton, School of Law, Highfield, Southampton, Hampshire, SO17 1BJ, UK. Email: n.p.hopkins@soton.ac.uk

Abstract

Following the Supreme Court decisions in Manchester CC v Pinnock and Hounslow CC v Powell, this article examines the possible impact of Article 8 of the European Convention on Human Rights and Fundamental Freedoms upon protection of the home in creditor repossession proceedings. The central argument advanced is that, although occupiers may not all be protected through property law, they may enjoy an independent right to respect for their home under Article 8, which should be acknowledged in the legal frameworks governing creditor's enforcement rights against the home. The article suggests that the most common creditor enforcement route, through mortgage repossession proceedings, falls short in this regard. It takes as its primary focus the treatment of children in such proceedings to provide an example of the potential for a human rights-based property protection heralded by these two Supreme Court decisions.

Information

Type
Research Article
Copyright
Copyright © Society of Legal Scholars 2013

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