- Possession claims-discretionary ground, false representations, public sector equality duty (Luton Community Housing Ltd v Durdana)
- What are the practical implications of this case?
- What was the background?
- What did the court decide?
- Case details
Property Disputes analysis: Where there is a breach of the public sector equality duty (PSED) in a possession claim brought on discretionary grounds, a court must decide, on the available material, whether it was highly likely that the outcome substantially would have been the same. If the court cannot be so satisfied, the claim must be dismissed. This case highlights the need to consider the impact of taking proceedings on those with protected characteristics when having regard to the PSED. Written by Jonathan Manning and Stephanie Lovegrove, barristers at 4–5 Gray’s Inn Square and Simon Braun, partner at Perrin Myddelton.
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