Judgments - London Borough of Harrow (Appellants) v. Qazi (FC) (Respondent)

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152. If the reality of the matter is, as I believe it is, that an article 8 defence can never prevail against an owner entitled under the ordinary law to possession, your Lordships should, in my opinion, say so. Remission of the case to the county court for the county court to say so would be pointless. I would, therefore, allow the appeal. The reasons I have given for allowing the appeal are, I believe, essentially the same as those given by my noble and learned friends Lord Hope of Craighead and Lord Millett, whose opinions I have had the opportunity of reading in advance and with which I agree.

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