000 01783cam a2200217 4500
001 ABS66931
008 111219e2003 000 0 eng u
035 _a(Sirsi) u123193
245 _aStretch v United Kingdom
260 _c2003
490 _aEstates Gazette
_v[2003] 29 EG 118 (CS)
520 _aECHR Application No 44277/98, 24 June 2003. Landlord (W) refused to allow applicant (S) to exercise his option to renew building lease on grounds that the grant was "ultra vires". The HC ruling dismissing S's application for a declaration that he was entitled to exercise the option was upheld by CA (X95638). HL refused S's petition to appeal further. S appealed to the ECHR alleging that he had been denied his right to peaceful enjoyment of his possession and that he had been deprived of his possessions contrary to the European Convention on Human Rights First Protocol Art 1. He also claimed damages for loss of rental income. Application allowed. S had a legitimate expectation of exercising the option to renew and W's action could be said to have frustrated S's legitimate expectation and therefore amounted to interference with the quiet enjoyment of his possessions. S awarded Ł31 000 for pecuniary damage, Ł5 000 for non-pecuniary damage and Ł45 000 for costs and expenses.
590 _aABS
650 _aSTRETCH V UNITED KINGDOM
650 _aCONVENTION FOR THE PROTECTION OF HUMAN RIGHTS AND FUNDAMENTAL FREEDOMS FIRST PROTOCOL ART 1
650 _aPEACEFUL ENJOYMENT
650 _aHUMAN RIGHTS
690 _aPROPERTY AND LAND LAW-CASE LAW
856 _uhttps://cmiskp.echr.coe.int/tkp197/search.asp?skin=hudoc-en
_zView judgment (type 44277/98 in the Application Number box and click on search) free of charge at http://cmiskp.echr.coe.int
942 _n0
999 _c73164
_d73164