The Supreme Court has held that the court’s approach to proportionality in the context of a defence to possession proceedings based on disability Supreme Courtdiscrimination is different to that which applies to a defence under Article 8, European Convention on Human Rights.

Under the Equality Act 2010, s 15, disability discrimination is defined as unfavourable treatment towards a person because of that person’s disability, where it cannot be shown that this unfavourable treatment is a proportionate means of achieving a legitimate aim. Eviction is unfavourable treatment for the purpose of s 15: s 35(1)(b). Continue reading »