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Rights under pressure

26 April 2012 / Susan Nash
Issue: 7511 / Categories: Features , Public , Human rights
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Susan Nash provides an update on the latest human rights controversies

Relying on Art 8 (right to respect for private and family life) and Art 1 of Protocol No 1 (protection of property), the applicants in Kolyadenko v Russia (App Nos 17423/05, 20534/05, 20678/05, 23263/05, 24283/05 and 35673/05), complained that damage to their property was caused when the authorities released water from a swollen reservoir to prevent a dam burst. According to the applicants, no emergency warning was given. Further, relying on Art 2, the applicants complained that that the authorities had put their lives at risk by releasing the water without any prior warning and by having failed to maintain the river channel. While the European Court of Human Rights (ECtHR) was prepared to accept that the release of water had been unavoidable given the exceptional weather and the risk of the dam breaking, it was not convinced that the flood could be explained only by adverse weather conditions. Although the authorities were aware of the poor state of a river channel, the

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Quinn Emanuel Urquhart & Sullivan—Andrew Savage

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Leading patent litigator joins intellectual property team

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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