Forced Entry and the Sanctity of the HOME v 1.0.pdf
301.9 KB
Forced Entry 🪓 and the Sanctity of the Home: The Law After ~ ‘Southern Housing v Emmanuel’
Civil courts in England and Wales cannot authorise forced entry to a tenant’s home without express statutory authority…
That is the core holding of ‘Southern Housing v James Emmanuel’ [2025] EWCC 58, a reserved judgment handed down on 27 October 2025 by District Judge Cridge at Bromley County Court.
The decision draws on over four centuries of common law to establish that the Civil Procedure Rules — procedural instruments made under delegated authority — cannot override the fundamental right to quiet possession of a dwelling.
The judgment has immediate implications for social landlords, enforcement agents and debtors alike, reaffirming that Parliament alone can create powers of forced
entry, and that courts must not fill legislative gaps through creative procedural interpretation.
Please feel free to share with everyone ::PEACE:: 🕊️ 🌈
Civil courts in England and Wales cannot authorise forced entry to a tenant’s home without express statutory authority…
That is the core holding of ‘Southern Housing v James Emmanuel’ [2025] EWCC 58, a reserved judgment handed down on 27 October 2025 by District Judge Cridge at Bromley County Court.
The decision draws on over four centuries of common law to establish that the Civil Procedure Rules — procedural instruments made under delegated authority — cannot override the fundamental right to quiet possession of a dwelling.
The judgment has immediate implications for social landlords, enforcement agents and debtors alike, reaffirming that Parliament alone can create powers of forced
entry, and that courts must not fill legislative gaps through creative procedural interpretation.
Please feel free to share with everyone ::PEACE:: 🕊️ 🌈
Comments
Be the first to add a comment
Log in to comment