Weighed in the balance
Cheffings, N.
Weighed in the balance - 2001 - Estates Gazette (0120) 19 May 2001, 220-221(2) .
Examines the use of the Human Rights Act 1998 in property related cases, and discusses recent case law concerned with the following issues: the planning system; distress for rent; adverse possession; trespassing; harassment of neighbours. Suggests there is a danger of lawyers using the Act for inappropriate situations, and stresses the importance of balancing the rights of an individual against wider public interest in a proportionate way.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PROPERTY INDUSTRY
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
FULLER V HAPPY SHOPPER MARKETS
JA PYE (OXFORD) LTD V GRAHAM
R V HILLINGDON LBC EX P WARD
LAMBETH LBC V HOWARD
R V PERRY
AROGUNDADE V BRENT LBC
DANIELS V WALKER
DISTRESS FOR RENT
ADVERSE POSSESSION
TRESPASSING
NEIGHBOUR DISPUTES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS
Weighed in the balance - 2001 - Estates Gazette (0120) 19 May 2001, 220-221(2) .
Examines the use of the Human Rights Act 1998 in property related cases, and discusses recent case law concerned with the following issues: the planning system; distress for rent; adverse possession; trespassing; harassment of neighbours. Suggests there is a danger of lawyers using the Act for inappropriate situations, and stresses the importance of balancing the rights of an individual against wider public interest in a proportionate way.
HUMAN RIGHTS ACT 1998
PLANNING SYSTEM
PROPERTY INDUSTRY
R V SOS ENVIRONMENT EX P HOLDING AND BARNES PLC
FULLER V HAPPY SHOPPER MARKETS
JA PYE (OXFORD) LTD V GRAHAM
R V HILLINGDON LBC EX P WARD
LAMBETH LBC V HOWARD
R V PERRY
AROGUNDADE V BRENT LBC
DANIELS V WALKER
DISTRESS FOR RENT
ADVERSE POSSESSION
TRESPASSING
NEIGHBOUR DISPUTES
CONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS