header-logo header-logo

Protecting the castle

08 November 2013 / Joseph Ollech , Adam Rosenthal
Issue: 7583 / Categories: Features , Property
printer mail-detail
web_castle

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

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

Muckle LLP—Ella Johnson

Muckle LLP—Ella Johnson

Real estate dispute resolution team welcomes newly qualified solicitor

Morr & Co—Dennis Phillips

Morr & Co—Dennis Phillips

International private client team appoints expert in Spanish law

NLJ Career Profile: Stefan Borson, McCarthy Denning

NLJ Career Profile: Stefan Borson, McCarthy Denning

Stefan Borson, football finance expert head of sport at McCarthy Denning, discusses returning to the law digging into the stories behind the scenes

NEWS
Cryptocurrency is reshaping financial remedy cases, warns Robert Webster of Maguire Family Law in NLJ this week. Digital assets—concealable, volatile and hard to trace—are fuelling suspicions of hidden wealth, yet Form E still lacks a section for crypto-disclosure
NLJ columnist Stephen Gold surveys a flurry of procedural reforms in his latest 'Civil way' column
Paper cyber-incident plans are useless once ransomware strikes, argues Jack Morris of Epiq in NLJ this week
In this week's NLJ, Robert Hargreaves and Lily Johnston of York St John University examine the Employment Rights Bill 2024–25, which abolishes the two-year qualifying period for unfair-dismissal claims
Writing in NLJ this week, Manvir Kaur Grewal of Corker Binning analyses the collapse of R v Óg Ó hAnnaidh, where a terrorism charge failed because prosecutors lacked statutory consent. The case, she argues, highlights how procedural safeguards—time limits, consent requirements and institutional checks—define lawful state power
back-to-top-scroll