Wandsworth London Borough Council v Winder [1985]


  • Wandsworth LBC bought a private law action to evict Winder after he refused to pay increases in rent


  • Could Winder assert a public law right in the defence of a private law claim


  • Yes


  • Only the express words of a statute may limit someone’s rights; however there was no infringement so on the merits of the decision, the Council succeeded in their claim
RELATED CASE  R v Mulvihill [1990]

Posted in Public Law Revision Notes.

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