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Glasgow City Council against James J R Stringfellow and others (Court of Session)

Scottish Court of Session
Mar 5, 2026
Smart Summary (Beta)

Anonymised Summary of Opinion of Judge Drummond

Factual and Procedural Background

The pursuer (Company A) sought a declarator that the defenders had no right or title to occupy land owned by Company A at [Number] Main Street in The City, and an order for removal and, if necessary, warrant for ejection. The First Defender and others (Second to Seventh Defenders) disputed Company A's entitlement and asserted rights to occupy. The site comprises chalets, vehicles and equipment and is shown on the plan annexed to the summons (area outlined in red and a further area shaded yellow). Occupiers include the First Defender, family members, and a young child (hereafter "the Child"), represented in proceedings by the Seventh Defender. Company A has identified the land for redevelopment under a local master plan.

Company A relies on a 1995 lease granted to the First Defender. The parties litigated the extent of the leased area (red only v red plus yellow), applicability of statutory regimes (Mobile Homes Act 1983, Housing (Scotland) Act 2001), human-rights and UNCRC compatibility issues, public-sector equality duty, and the effect of the First Defender's sequestrations. The court conducted a proof, heard witnesses and submissions from the parties, the Lord Advocate and the Commissioner for Children and Young People in Scotland, and delivered findings.

Legal Issues Presented

  1. Whether Company A is entitled to decree of declarator and removal as sought.
  2. Whether the defenders have right or title to occupy the site and the present basis for their occupation.
  3. Whether the First Defender has right to occupy the site pursuant to a tenancy created in terms of sections 11–12 of the Housing (Scotland) Act 2001.
  4. If the First Defender has no such right, whether sections 11–12 of the 2001 Act ought to be read down in terms of section 3 of the Human Rights Act 1998.
  5. If sections 11–12 cannot be read down, whether the court should grant a declaration of incompatibility in respect of those sections of the 2001 Act.
  6. Whether sections 11–12 of the 2001 Act ought to be read down by the court in terms of section 24 of the United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Act 2024.
  7. If sections 11–12 of the 2001 Act cannot be read down, whether the court should grant a strike down declarator in respect of those sections on the basis they cannot be read in a way compatible with the UNCRC requirements.
  8. If the First Defender has no right under the 2001 Act, whether the provisions of the Mobile Homes Act 1983 in connection with protected sites operate to prevent termination of occupation by some or all of the defenders.
  9. Whether Company A's pleas-in-law should be upheld (various discrete grounds).
  10. The parties omitted issues 9 and 10.
  11. Whether decree of declarator or removal ought not to be pronounced in respect of all or some defenders as contrary to the Equality Act 2010 or Articles 8 and 14 ECHR.
  12. Whether Company A is exercising a relevant function under section 6 of the 2024 Act and, if so, whether removal would be contrary to specified UNCRC articles in respect of the Seventh Defender.
  13. The effect of the First Defender's sequestrations on the defenders' right to occupy the site.

Arguments of the Parties

Pursuer's Arguments

  • The 1995 lease covered only the area outlined in red; the yellow area was never leased and had been occupied by encroachment.
  • The Mobile Homes Act 1983 does not apply because the chalets are not "mobile homes" for statutory purposes (not capable of being moved as required by the definitions in the 1960/1968 Acts).
  • The Housing (Scotland) Act 2001 sections 11–12 do not apply to a lease of bare ground used to station caravans/chalets.
  • The First Defender's sequestrations vested his estate in trustees and, absent adoption, terminated his leasehold interest.
  • Company A complied with equality and child-rights processes and proposed alternative accommodation; removal is justified by property rights and redevelopment needs.

First Defender's Arguments

  • The 1995 lease (and prior arrangements/planning permissions) entitled occupation of the larger area (red plus yellow); occupation dates back decades.
  • The chalets are caravans/mobile homes within the statutory definitions; accordingly the Mobile Homes Act 1983 applies and protects occupiers from eviction except by sheriff on specified grounds.
  • Alternatively, the lease should be treated as a Scottish secure tenancy under sections 11–12 of the 2001 Act, or those provisions should be read down or declared incompatible with ECHR/UNCRC to afford protection.
  • The First Defender contended sequestrations did not terminate the lease in practice and Company A accepted rent/housing benefit after sequestrations, indicating continuance.

Seventh Defender's Arguments (including on Child matters)

  • The Seventh Defender supported the First Defender's positions on statutory protections and additionally argued that eviction would breach UNCRC requirements in relation to the Child (best interests principle) and relevant UNCRC articles.
  • The Seventh Defender argued that sections 11–12 should be read down under the UNCRC incorporation or, if not possible, a declarator striking down/incompatibility should follow.

Other Participants

  • Lord Advocate (legal submissions): opposed declarations of incompatibility and read-downs; made submissions on statutory interpretation and compatibility issues.
  • Commissioner for Children and Young People (written submissions): assisted on UNCRC interpretation and the Child's rights.

Table of Precedents Cited

Precedent Rule or Principle Cited For Application by the Court
Carter v Secretary of State for the Environment [1994] 1 WLR 1212 Interpretation of "caravan" and requirement that structure be "capable of being moved". Cited by pursuer to argue chalets were outside definition; court distinguished Carter on facts (structure in Carter comprised four sections) and found it not determinative here.
Bury Metropolitan Borough Council v Secretary of State for Communities and Local Government [2011] EWHC 2192 Application of Carter in planning context; whether assembled structure was physically capable of being moved. Relied on by pursuer; court noted Bury concerned planning context and absence of evidence for movability; court did not find it decisive here.
Oades and Oades v Eke [2004] RA 161 Whether chalets were caravans in rating context (movability and construction). Referenced; court treated it as a different context and found its facts (flimsy construction preventing movement) were distinguishable.
Howard v Charlton [2003] 1 P & CR 21 Observations that the Act applies to agreements entitling stationing of a mobile home and focus should be on the agreement rather than the precise nature of structure on site. Cited to support view that the key question is whether the lease entitled stationing of a mobile home; court agreed with this approach.
Wyre Forest District Council Respondents v Secretary of State for the Environment and Another [1990] 2 AC 357 Recognition that a chalet capable of being moved can be a "caravan" for statutory purposes. Cited to show chalets can fall within statutory definition; assisted court in concluding chalets could be caravans here.
Brightlingsea Haven Limited v Morris [2008] EWHC 1928 (QB) Obiter on permanence/age of lodge and whether frailty affects caravan status; "when assembled" is relevant. Cited to support that damage after assembly does not necessarily remove caravan status; court relied on this to reject pursuer's argument about later damage rendering chalet immovable.
West Lothian DC v Morrison 1987 SLT 361 Mobile Homes Act protections applied to travelling showpeople occupying a showground. Used to support proposition that the 1983 Act applies to travelling showpeople sites; court cited it when concluding 1983 Act applicable.
Nisela v Glasgow CC 2006 Hous LR 66 Conversion/exclusion issues under Housing (Scotland) Act 2001; interpretation of conversion provisions. Cited by defenders on conversion arguments; court concluded conversion provisions did not apply to 1995 lease.
Gordon v Kirkcaldy DC 1990 SC 107 Static caravan could be regarded as a dwelling-house for certain statutory purposes. Cited in submissions to support broader interpretation of "house"; court considered but concluded the 2001 Act context differs.
R v Rent Officer of the Nottingham Registration Area ex p Allen (1986) 52 P & CR 41 Whether an immobile caravan may be treated as a house. Referenced on whether a caravan rendered immobile becomes a house; court noted relevance but found statutory context differs.
R (O) v Secretary of State for the Home Department [2023] AC 255 Interpretative approach to statutory wording in context. Applied as authority on identifying meaning borne by statutory words in context (used in considering sections 11/111 of 2001 Act).
Ghaidan v Godin-Mendoza [2004] 2 AC 557 Limits of interpretative duty under HRA section 3; words must "go with the grain" of legislation. Cited as guidance on reading-down under HRA; court applied the Ghaidan principles and found read-down not required here.
Bank Mellat v HM Treasury (No 2) [2014] AC 700 Structured proportionality questions for ECHR analysis. Cited as source of structured proportionality test; court explained Pinnock approach differs for eviction context.
Carson v United Kingdom (2010) 51 EHRR 13 Approach to Article 14 discrimination analysis. Cited to outline Article 14 methodology; court applied it when assessing discrimination claims.
R (RJM) v Secretary of State for Work and Pensions [2009] 1 AC 311 Margin of appreciation in social/economic policy matters. Cited to support proposition that legislature has broad margin in housing policy; court applied this in proportionality assessment.
R (SC and others) v Secretary of State for Work and Pensions and others [2022] AC 223 Further on margin of appreciation and policy deference. Used to reinforce deference in housing/social policy; court relied on this in rejecting discrimination/read-down claims.
Kay v United Kingdom [2012] 54 EHRR 30 Eviction raises procedural and substantive Article 8 issues; need for proportionality assessment by independent tribunal. Cited in analysis of Article 8 and eviction procedure; court applied principles when addressing proportionality and procedural safeguards.
Buckley v United Kingdom (1997) 23 EHRR 101 Article 8 procedural requirements in eviction contexts. Cited alongside Kay to show procedural dimension of eviction under Article 8; court considered this in reasoning.
Manchester City Council v Pinnock [2011] 2 AC 104 Requirement that courts assessing possession by local authorities consider proportionality; twin aims weight. Cited heavily; court applied Pinnock's non-structured proportionality approach and twin aims (vindicating ownership and housing-stock management) to conclude eviction would generally be proportionate absent strong contrary factors.
Aster Communities Ltd v Akerman-Livingstone [2015] UKSC 15 Structured proportionality approach appropriate where discrimination alleged; relevance in possession cases. Cited to explain exception where discrimination is pleaded; court applied Aster to distinguish approaches and found no discrimination here.
Hounslow London Borough Council v Powell [2011] 2 AC 186 Consideration of housing authority aims in possession cases. Referenced in discussion of Pinnock/Aster principles; court relied on it for deference to housing authorities.
Harrow London Borough Council v Qazi [2004] 1 AC 983 Administration of public housing and courts not second-guessing allocation decisions. Cited in Pinnock extract relied upon by court to support deference to local authority decisions.
Lord Advocate's Reference [2025] HCJC 2, 2025 SLT 101 Interpretation of "relevant function" under UNCRC incorporation Act; public authority actions can be in connection with relevant functions. Applied to find pursuer's and court's functions could be "relevant" under the 2024 Act; court followed its approach.
Re United Nations Convention on the Rights of the Child (Incorporation)(Scotland) Bill 2022 SC (UKSC) 1 Limits on Scottish Parliament competence; prompted inclusion of "relevant function" concept. Cited in analysis of section 6(2) of 2024 Act; court used it to interpret scope and legislative-competence constraints.
ZH (Tanzania) v Secretary of State for the Home Department [2011] UKSC 4, [2011] 2 AC 166 Child's best interests as a primary consideration where children's rights engaged ("prism" principle). Applied when assessing Child's best interests under UNCRC and ECHR; court used it to structure child-specific analysis.
Mandla v Dowell-Lee [1983] 2 AC 548 Criteria for identifying an ethnic or racial group for equality law purposes. Applied in assessing whether travelling showpeople constitute a protected racial/ethnic group; court concluded they did on Mandla criteria.
CRE v Dutton [1989] 2 WLR 17 Recognition of Romani and Irish travellers as ethnic groups. Cited as precedent supporting recognition of travelling groups; court used it in equality analysis.
Moore v Secretary of State for Communities and Local Government [2015] EWHC 44 (Admin) Consideration of travelling groups in equality and planning contexts. Referenced in support of ethnic-group analysis; court cited alongside Mandla/CRE in equality assessment.
R (Bracking) v Secretary of State for Work and Pensions [2013] EWCA Civ 1345 Guidance on public-sector equality duty (PSED) and "due regard". Cited in assessing whether Company A complied with PSED; court applied Bracking summary and subsequent authorities.
Hotak v Southwark London Borough Council [2015] UKSC 30 Supreme Court approval of PSED principles from Bracking. Cited to support framework for assessing Company A's equality duty compliance; court found Company A had sufficiently discharged the duty.
London and Quadrant Housing Trust v Patrick [2019] EWHC 1263 Practical factors in applying PSED in possession cases. Cited as practical guidance; court applied the Patrick factors when evaluating Company A's assessments and timing.

Court's Reasoning and Analysis

The court proceeded by fact-finding on the extent of the 1995 lease, statutory applicability and human-rights/UNCRC and equality arguments, applying statutory interpretation and established authorities.

On factual extent of lease the court rejected Company A's narrow interpretation of the monochrome plan attached to the copy lease. The court accepted consistent oral evidence from the First, Second and Seventh Defenders and historical pre-1995 documentation (letters, planning application and planning reports) indicating prior planning permission and month-to-month lease covering the larger area (red plus yellow). The court found it more probable the 1995 lease covered the larger area.

On statutory regime, the court examined the Mobile Homes Act 1983 definition of "mobile home" (linked to "caravan" in the 1960/1968 Acts). The pursuer argued the chalets were not "capable of being moved" and thus outside the 1983 Act. The court applied authorities (including Howard, Wyre Forest, Carter and section 13(1) of the 1968 Act) and concluded the key question was whether the 1995 lease entitled the First Defender to station a mobile home. The court found the chalets had been moved onto the site in two parts and assembled and thus were capable of being moved at the commencement of the lease. Consequently the court held the 1995 lease was an agreement to which the Mobile Homes Act 1983 applied and that the site is a protected site; the implied protections therefore attached and the agreement continued month-to-month unless lawfully terminated under the Act.

On the effect of the First Defender's sequestrations, the court accepted that the First Defender's estate vested in trustees but held sequestration did not automatically terminate the lease. The court found no evidence that trustees had adopted or abandoned the lease nor that Company A had exercised its contractual option to terminate on sequestration. Company A accepted housing benefit or other payments after the first sequestration and did not prove it had validly exercised termination options. Accordingly the lease continued on a month-to-month basis and was protected by the 1983 Act.

As to the Housing (Scotland) Act 2001, the court analysed statutory definitions (sections 11, 41, 111) and context. It concluded the 1995 lease was a lease of ground for stationing caravans/chalets and not a lease of a "house" rented as a separate dwelling such that sections 11–12 did not apply; conversion to a Scottish secure tenancy did not occur.

On read-down, incompatibility and discrimination claims, the court applied HRA s3 and Ghaidan principles and found no need to read down or declare incompatibility: the difference in treatment (leases of land v leases of buildings) pursued legitimate aims and fell within the legislature's margin of appreciation. The court further found no prima facie discrimination based on status as travelling showpeople; any difference arose from the distinct factual position.

On Article 8/14 proportionality the court applied Pinnock (and subsequent authorities) and concluded that, assuming no statutory protection, the twin aims of vindicating property rights and enabling regeneration weigh heavily in favour of possession being proportionate. The court reviewed the defenders' evidence (community, child impact, alternative options) but concluded those factors did not outweigh the pursuer's legitimate aims. However, because the court found the 1983 Act protected the First Defender's agreement and Company A had not terminated in accordance with that Act, removal was not "in accordance with law" and could not be granted in these proceedings.

On UNCRC incorporation (2024 Act) and whether Company A and the court acted in connection with a "relevant function", the court followed the approach in Lord Advocate's Reference and found the pursuer's housing/regeneration functions and the court's exercise of jurisdiction were connected to relevant functions; the Child's best interests had been assessed and considered. The court concluded that, taking the Child's best interests as a primary consideration, removal would not be incompatible with the UNCRC requirements on the evidence because Company A had conducted impact assessments, offered alternative sites and taken steps to support relocation in the child's best interests.

On the public-sector equality duty the court applied Bracking/Hotak and Patrick and concluded Company A had reasonably discharged the duty in the circumstances, taking into account the limited engagement by the defenders and the timing of assessments.

Holding and Implications

HOLDING: The court refused the orders sought by Company A and granted decree of absolvitor in respect of the pursuer's claims for declarator and removal, on the grounds that the 1995 lease entitled occupation of the larger area and that the Mobile Homes Act 1983 applied to the First Defender's agreement which had not been terminated in accordance with that Act.

Implications:

  • Direct effect: The defenders continue to have a right to occupy the site under the 1995 lease as interpreted by the court; Company A's application for removal was repelled.
  • The court did not determine all contested compatibility questions (sections 11–12 HSA 2001 read-down/strike-down) as those issues were unnecessary to resolve the claim after applying the 1983 Act protections, though the opinion addresses them for completeness and rejects read-down and incompatibility claims on the facts presented.
  • No new broad constitutional precedent displacing the Mobile Homes Act protections was established; the decision applies statutory interpretation and established human-rights principles to the facts before the court.