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Protecting the castle

08 November 2013 / Joseph Ollech , Adam Rosenthal
Issue: 7583 / Categories: Features , Property
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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
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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