header-logo header-logo

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

Protecting the castle

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

NLJ Career Profile: Stephen Ward, The Barrister Group

NLJ Career Profile: Stephen Ward, The Barrister Group

From mowing lawns to life at the Bar: Stephen Ward reflects on an unconventional career

Clarke Willmott—Ben Loosemore

Clarke Willmott—Ben Loosemore

Commercial property partner joins Clarke Willmott in Southampton

Ellisons—Robert Tiffen

Ellisons—Robert Tiffen

Robert Tiffen joins Ellisons as Partner in growing Norwich office

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

back-to-top-scroll