Secretary of State for Defence v Nicholas

Licence – Licence to occupy premises. The claimant Secretary of State brought possession proceedings against the defendant following her failure to vacate a property which she had occupied with her then husband, under a licence granted to the husband. The judge rejected her arguments that: (i) the fact that Crown licensees had no security of tenure amounted to unlawful discrimination, under arts 8 and 14 of the European Convention on Human Rights; and (ii) the notice purporting to terminate the licence was invalid. The Court of Appeal, Civil Division, dismissed the defendant's appeal. On the facts, there had been no violation of the defendant's Convention rights, because there had been no relevant difference in treatment which had had an adverse effect on her, and the notice had validly terminated the licence.

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