Dobson and others v Thames Water Utilities Ltd [2011] EWHC 3253 – read judgment David Hart QC acted for the defendants in this case. He has played no part in the writing of this post. An operator carrying out activities authorised by legislation is immune from common law nuisance liability unless the claimant can prove [...]
Archive for the ‘Protocol 1 Art. 1 | Peaceful enjoyment of property’ Category
Smells and mosquitoes but no extra damages under the Human Rights Act
Posted in Art. 8 | Right to Privacy/Family, Article 13 | Effective remedy, Damages, Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on January 2, 2012 | 1 Comment »
Terrorist asset-freezing: an intrusion too far – Dr Cian Murphy
Posted in Art. 6 | Right to Fair Trial, Criminal, In the news, Margin of Appreciation, Politics / Public Order, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism, tagged European Court of Human Rights, terrorism legislation on December 21, 2011 | 1 Comment »
One could be forgiven, amidst the furore over the European Court of Human Rights’ Al-Khawaja judgment last Thursday, for missing the first report of the Independent Reviewer of Terrorism Legislation on the operation of the Terrorist Asset-Freezing etc Act 2010. The Report runs to over 100 pages and is the most comprehensive account of UK terrorist asset freezing in print. [...]
European Court of Human Rights defers to traditional UK common law
Posted in Case law, Company/Commercial, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 16, 2011 | 3 Comments »
OBG Ltd et al v. United Kingdom, 29 November 2011 We have become quite used to the Strasbourg Court having a serious go at bits of our statutory law, whether it be prisoners’ rights, anti-terrorist legislation or housing law. A lot of this statute enables the state to do things to private citizens which may or [...]
Insurers’ human right not to pay for putting asbestos in employees’ lungs?
Posted in Damages, Environment, In the news, Medical, Personal Injury, Protocol 1 Art. 1 | Peaceful enjoyment of property on October 13, 2011 | 1 Comment »
AXA General Insurance Ltd & Ors v Lord Advocate & Ors (Scotland) [2011] UKSC 46 (12 October 2011 When you breathed in asbestos fibres from your dusty shipbuilding job on the River Clyde in the 1950s and 1960s, some of those fibres stuck around in the lungs. Some may cause the pleural plaques seen on [...]
Misrepresenting the law on squatting
Posted in Art. 8 | Right to Privacy/Family, Criminal, Housing, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on September 26, 2011 | 19 Comments »
Today, an open letter from 158 lawyers and academics has been published in The Guardian claiming that the law on squatting, on which the Government has proposed reforms, has been misrepresented by politicians and the media. I am one of the letter’s signatories. Amongst other things, it states that: a significant number of recent media [...]
ROCing the law: a successful human rights damages claim
Posted in Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on August 11, 2011 | 2 Comments »
Updated| R (Infinis) v. Ofgem & Non-Fossil Purchasing Agency Limited, Interested Party [2011] EWHC 1873 (Admin) Lindblom J, 10 August 2011 Read judgment In a recent post, I suggested that successful claims under Article 1 Protocol 1 (the human right to peaceful enjoyment of property) faced all sorts of difficulties, hence the particular interest of that decision in Thomas which bucked the [...]
Just when you thought they were extinct: human rights environmental case succeeds
Posted in Environment, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on July 27, 2011 | Comments Off
Update | Thomas v. Bridgend County Borough Council [2011] EWCA Civ 862, Court of Appeal. Read judgment Conventional wisdom has it that an Article 1 Protocol 1 (the human right to peaceful enjoyment of property) environmental claim faces all sorts of difficulties. The claimants may have a right to the peaceful possession of property, but that right is immediately [...]
The last tango of the fag packet machine?
Posted in Case comments, European, In the news, Margin of Appreciation, Protocol 1 Art. 1 | Peaceful enjoyment of property on June 20, 2011 | 2 Comments »
Sinclair Collis Ltd, R (o.t.a) v. The Secretary of State for Health [2011] EWCA Civ 437 read judgment here Sinclair Collis own cigarette machines, some 20,000 of them. So when cigarette machines were banned by law, there was nowhere for their owners to go, apart from the Courts. On Friday, the Court of Appeal dismissed their challenge to [...]
Seizure of passport actionable in law
Posted in Art. 8 | Right to Privacy/Family, Case comments, Case law, Case summaries, Damages, Employment, Immigration/Extradition, In the news, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property, Public/Private on June 9, 2011 | 1 Comment »
Atapattu, R. (On the Application of) v The Secretary of State for the Home Department [2011] EWHC 1388 (Admin) - read judgment 1 Crown Office Row’s John Joliffe appeared for the Secretary of State the Home Department in this case. He is not the writer of this post. This case on the wrongful retention of the passport of [...]
Luck, human rights and the lottery winning rapist
Posted in Case comments, Costs and Procedure, Damages, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 27, 2011 | 8 Comments »
Iorworth HOARE v the United Kingdom – 16261/08 [2011] ECHR 722 (12 April 2011) – Read decision Potential future US president Donald Trump once said that “Everything in life is luck“. Sometimes a case arises from such an unlikely factual scenario that it raises questions about the relationship between justice, fairness and luck. This is [...]
Admin court grabs bull by the horns
Posted in Agriculture, Animals, Case comments, Environment, European, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 20, 2011 | 1 Comment »
R (on the application of K and AC Jackson and Son) v DEFRA – read judgment. An interesting ruling in the Administrative Court this week touches on some issues fundamental to public law – the extent to which “macro” policy (such as EC law) should trump principles of good administration; the role of factual evidence [...]
“Civil rights” in Strasbourg: development or dithering?
Posted in Art. 6 | Right to Fair Trial, Art. 8 | Right to Privacy/Family, Case comments, Case summaries, In the news, Protocol 1 Art. 1 | Peaceful enjoyment of property, Terrorism on April 15, 2011 | 1 Comment »
In a very short judgment about asset freezing orders the Court of Appeal has made some tart observations about the inchoate nature of Strasbourg’s rulings. These will no doubt have a certain resonance given the current fervid discussion about the competence of that court. It was all in the context of an apparently esoteric argument [...]
Students, visas and the points system: difficulties in enforcement
Posted in Case summaries, Education, Immigration/Extradition, Protocol 1 Art. 1 | Peaceful enjoyment of property on April 12, 2011 | 1 Comment »
R(New London College) v Secretary of State for the Home Department [2011] EWHC 856 (Admin) – read judgment When she introduced the latest changes to the points-based system for allowing entry into the United Kingdom the Home Secretary Theresa May said that “this package will stop the bogus students, studying meaningless courses at fake colleges…it [...]
“Without prejudice letter” can be withheld without breaching fair trial rights
Posted in Art. 6 | Right to Fair Trial, Case summaries, Property, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 16, 2010 | Comments Off
Ofulue v United Kingdom, Application no. 52512/09 – read judgment The Strasbourg Court has confirmed that the inadmissibility of a “without prejudice” letter neither interferes with an applicant’s fair trial rights under Article 6 nor does it prejudice their rights to enjoyment of property under Article 1 Protocol 1 where the production of such a letter [...]
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Recommended- The Fat Tax - Daniel Barnett - Dale & Co. February 9, 2012
- Case Law: Axel Springer v Germany, Grand Chamber finds violation of Article 10 – Sara Mansoori February 9, 2012
- Supreme Court decision on Rabone v Pennine Care NHS Trust - Hempsons February 9, 2012
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Strasbourg Rulings on Two Personal Privacy Claims February 8, 2012
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- Wigs off, jeans on at the Judicial College | Joshua Rozenberg | Law | guardian.co.uk February 8, 2012
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- Case law
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012Student fails in human rights challenge to Enhanced Criminal Records Certificate with warning incurred when he was 11 for theft of 2 bicycles
- Othman v Secretary of State for the Home Department [2012] UKSIAC B1 (6 February 2012) February 8, 2012Terrorist suspect Abu Qatada granted bail on strict conditions. However, Secretary of State must show evidence of progress in his deportation in next 3 months then deprivation of liberty will no longer be justifiable.
- AT v Secretary of State for the Home Department [2012] EWCA Civ 42 (07 February 2012) February 7, 2012Control order of member of Libyan Islamic Fighting Group ruled unlawful as wasn't given enough information about case against him as mandated in A v UK
- Moussaoui, R (on the application of) v Secretary of State for the Home Department [2012] EWHC 126 (Admin) (03 February 2012) February 6, 2012Detention of Mentally ill foreign criminal pending deportation was unlawful as regular reviews not carried out. Given damages of £1
- Coogan v News Group Newspapers Ltd & Anor [2012] EWCA Civ 48 February 1, 2012Investigator Glen Mulcaire loses self-incrimination appeal against order that he should reveal phone hacking clients.
- D and S, R (on the application of) v Manchester City Council [2012] EWHC 17 (Admin) (12 January 2012) January 31, 2012Chalenge by 2 elderly disabled people to £17m adult social care cuts by Manchester City Council fails. Consultation and regard to equality duties adequate.
- T, R (on the application of) v Greater Manchester Police & Anor [2012] EWHC 147 (Admin) (09 February 2012) February 9, 2012
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- Libya employee can sue for dismissal in UK February 8, 2012 Rosalind English
- Times contempt challenge thrown out in Strasbourg February 8, 2012 Adam Wagner
- Indefinite detention: not very British February 8, 2012 freemovement
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- Axel Springer and Von Hannover: Grand Chamber victory for media – Inforrm February 7, 2012 1 Crown Office Row
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Uninterrupted Morris Dancing rights beaten by an A1P1 claim?
Posted in Case comments, Case law, Environment, Protocol 1 Art. 1 | Peaceful enjoyment of property on December 7, 2011 | 3 Comments »
Leeds Group v. Leeds City Council et al [2011] EWCA Civ 1447 Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. [...]
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