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22 September 2011 / Dr Nicholas Roberts
Issue: 7482 / Categories: Features , Landlord&tenant , Human rights
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A dish to savour?

Nicholas Roberts queries the existence of a human right to a satellite TV dish

A 2008 ruling of the European Court of Human Rights (ECtHR) finding Sweden in breach of the European Convention on Human Rights (the Convention) has come to prominence as a result of recent coverage in the Mail on Sunday and The Sunday Times.

In the Swedish case the tenants of a flat had erected a satellite dish in breach of their tenancy agreement. The landlord took enforcement action, which the Swedish courts upheld. The ECtHR held that Sweden was in breach of its obligations under the Convention under Art 10, dealing with the right to freedom of expression: this includes the right to receive and impart information and ideas. The newspapers may have come across the case because the Equality and Human Rights Commission has included a similar (though rather more compelling) scenario in its leaflet: Human rights at home:

Guidance for social housing providers: “Example: A social housing provider’s standard terms of tenancy prevent the erection

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NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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