A MAN has secured High Court permission to bring a legal challenge to his eviction for alleged antisocial behaviour following last week’s landmark court decision overturning another eviction.
John Watson (38), a father of two, Dolphin House, Dolphin’s Barn, Dublin, is challenging a bid by Dublin City Council to evict him from his flat in Dolphin’s Barn where he has lived for 10 years.
He says the eviction, which is due for appeal before the Circuit Court today, is the result of complaints of alleged anti-social behaviour which he strongly disputes. He also claims he has been the victim of bullying and harassment.
His lawyers were yesterday given leave to seek a judicial review of the eviction notice issued by the District Court on September 11th last under section 62 of the Housing Act 1966, which allows local authorities to seek evictions for reasons of “good estate management”.
This law permits council officials to seek evictions without having to give reasons for it or having to enter into an independent hearing for doing so.
Garrett Simons SC, for Mr Watson, said the challenge was being taken in the light of three recent High Court decisions, including one last week by Ms Justice Mary Irvine, which had found these section 62 evictions to be in breach of a person’s rights under the European Convention on Human Rights.
Ms Justice Irvine had ruled that a decision to evict a family from their home in Donnycarney, Dublin, interfered with their rights to respect for their private and family life and home under Article 8 of the convention.