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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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MOVERS & SHAKERS

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
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