Wandsworth London Borough Council v Winder [1985]

Facts

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

Issue

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

Decision

  • Yes

Reasoning

  • 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  Hamilton v Al Fayed (No. 1) [2001]

Posted in Public Law Revision Notes.

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