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09 December 2010 / Susan Nash
Issue: 7445 / Categories: Features , Human rights
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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

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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