Human rights—Possession

Authorities concerning possession proceedings provided that a legal threat to a secure home would, in the ordinary way, engage art 8(1) of the European Convention on Human Rights. In situations where the law afforded an unqualified right to possession on proof of entitlement, it might be that Art 8(2) of the Convention was met. Any person at risk of being dispossessed of his home at the suit of a local authority should, in principle, have the right to raise the question of the proportionality of the measure, and to have it determined by an independent tribunal in the light of Art 8 of the Convention, even if his right of occupation under domestic law had come to an end. As a general rule, Art 8 of the Convention needed only to be considered if it was raised by or on behalf of the residential occupier. If a point under Art 8 of the Convention was raised, the court should initially consider it summarily and