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What's yours is yours

By: Language: English Series: Building ; 271(8446) 8 September 2006, 68(1)Publication details: 2006Subject(s): Summary: Discusses what happens to subcontractor's goods and materials when a contractor goes bust. Under many standard forms of contract and common law, the subcontractor's goods and materials will pass to the employer/landowner. However, "J A Pye (Oxford) Ltd and another v United Kingdom" ([2005] ECHR 44302/02, L131742) found that deprivation of an individual's property without compensation was not proportional. Argues that a subcontractor's loss of ownership of the goods and materials incorporated into the works amounts to a deprivation of that property under the First Protocol of the European Convention on Human Rights.

Discusses what happens to subcontractor's goods and materials when a contractor goes bust. Under many standard forms of contract and common law, the subcontractor's goods and materials will pass to the employer/landowner. However, "J A Pye (Oxford) Ltd and another v United Kingdom" ([2005] ECHR 44302/02, L131742) found that deprivation of an individual's property without compensation was not proportional. Argues that a subcontractor's loss of ownership of the goods and materials incorporated into the works amounts to a deprivation of that property under the First Protocol of the European Convention on Human Rights.