By Karl Anders

Court of Appeal ends long-standing confusion

The Court of Appeal has held that, where a court has decided that making a possession order against a disabled tenant would be proportionate and not discriminatory, that question does not have to be considered again when it comes to enforcement of the order, unless there has been a relevant material change in circumstances.

The Court of Appeal has also confirmed that, in reaching its decision on proportionality when assessing whether to make a possession order, it is sufficient for a court to have applied the Akerman Livingstone proportionality test in substance, even if the four-stage structured approach referred to in that case has not been specifically followed.