Ali v Birmingham City Council [2010] UKSC 8

Supreme Court

Facts: Ali challenged the Housing Act 1996’s provision regarding the availability of accommodation for homeless persons, arguing it was inconsistent with Article 6 of the ECHR. The Supreme Court considered whether the Act conferred 'civil rights' on claimants.

Held: The Supreme Court found that the 1996 Act did not confer 'civil rights' on the claimants. Therefore, the regime for resolving disputes under the Act did not engage Article 6 of the ECHR.

Judicial Statement: The Court noted, “The statutory regime under the 1996 Act does not involve the determination of 'civil rights' as defined under Article 6, and thus, Article 6 is not engaged.”

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Tomlinson v Birmingham City Council [2003] UKHL 47

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Tsfayo v UK [2011] ECHR 30