header-logo header-logo

09 December 2010 / Susan Nash
Issue: 7445 / Categories: Features , Human rights
printer mail-detail

Human rights & wrongs

Susan Nash reflects on the significance
of recent human rights judgments

In Deés v Hungary (app no 2345/06), the applicant complained that noise and pollution caused by heavy traffic in his street were sufficiently excessive to cause damage to his house in breach of Art 8 (right to respect for his home). He argued that traffic had increased significantly after the introduction of a toll on a nearby motorway.

Heavy goods traffic used his street to avoid paying toll charges. Proceedings for compensation were dismissed by the domestic court which found that although the noise exceeded the statutory limit, it was not substantial enough to cause damage to the applicant’s house.

The European Court of Human Rights recalled that the European Convention on Human Rights (the Convention) protected not only the physical environment of the home but also guaranteed quiet enjoyment, within reasonable limits. Measures put in place by the authorities to limit the speed of cars and divert heavy freight traffic away from the applicant’s street had been unsuccessful. Accordingly, the ECtHR

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ Career Profile: Nikki Bowker, Devonshires

NLJ Career Profile: Nikki Bowker, Devonshires

Nikki Bowker, head of dispute resolution at Devonshires, on career resilience, diversity in law and channelling Elle Woods when the pressure is on

Ellisons—Sarah Osborne

Ellisons—Sarah Osborne

Leasehold enfranchisement specialist joins residential property team

DWF—Chris Air

DWF—Chris Air

Firm strengthens commercial team in Manchester with partner appointment

NEWS
The government will aim to pass legislation banning leasehold for new flats and capping ground rent, introducing non-compulsory digital ID and creating a ‘duty of candour’ for public servants (also known as the Hillsborough law) in the next Parliament

An Italian financier has lost his bid to block his Australian wife from filing divorce papers in England on the basis it was no longer her domicile of choice

Reforms to the disclosure regime in the business and property courts have not achieved their objectives, lawyers have warned
The Law Society has urged ministers to hold a public consultation on the use of artificial intelligence (AI) in the justice system as a whole
Ministers have proposed bringing inquest work under a single fee scheme for legal help and advocacy legal aid work
back-to-top-scroll