Gerry Moynihan QC successful in 2014 Commonwealth Games CPO challenge

8 March 2011

Glasgow City Council v Jaconelli (Sheriff Principal Taylor, Glasgow Sherif Court)

This matter related to the eviction of an occupier from her home which was the subject of a compulsory purchase order.

The judgment involves consideration of the application of two Supreme Court decisions (Manchester City Council v Pinnock [2010] 3 WLR 1441 and London Borough of Hownslow v Powell [2011] UKSC 8) on the proper approach to the assessment of the proportionality of eviction which is said to be incompatible with the occupier's rights to enjoyment of her home under Article 8 of the European Convention on Human Rights. The presumption is that a local authority seeking to obtain vacant possession in order to pursue the development to which a compulsory purchase order relates is acting proportionately.    

Gerry Moynihan QC of Axiom Advocates successfully appeared on behalf of Glasgow City Council.