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08 November 2013 / Joseph Ollech , Adam Rosenthal
Issue: 7583 / Categories: Features , Property
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Protecting the castle

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How does Art 8 sit with a property owner’s right to possession when his land is occupied by trespassers, ask Adam Rosenthal & Joseph Ollech

If some of the rumblings emanating from elements within the Conservative Party this year are to be believed, a future Tory government could decide to curtail the ambit of the Human Rights Act 1998 (HRA 1998), or even repeal it. The likelihood of such an upheaval is perhaps remote but, in the meantime, the rights to which the courts are to have regard under this legislation continue to extend their reach. In one such journey on the human rights bandwagon, the recently retired Sir Alan Ward gave a lengthy obiter judgment on the subject of Art 8 of the European Convention of Human Rights and its ambit in the context of possession proceedings against trespassers brought by private landlords.

Under the rubric “Right to respect for private and family life” Art 8 provides that: “Everyone has the right to respect for his private and family life, his

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NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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