Uninterrupted Morris Dancing rights beaten by an A1P1 claim? – UK Human Rights Blog

Posted December 7th, 2011 in human rights, legislation, news, retrospectivity, rights of way by sally

“Retrospective legislation often gives rise to claims under Article 1 Protocol 1 of the Convention – you may have some legal advantage (whether it be property or a legal claim) which you then find yourselves losing as a result of the change of law. I have posted on some of these, the ban of the pub fag machine, or the change in the law that meant insurers had to pay compensation for pleural plaques caused by asbestos. These A1P1 cases are not easy to win, not least because the courts are wary in thwarting legislative changes via one of the less fundamental and most qualified rights in the Convention locker.”

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UK Human Rights Blog, 7th December 2011

Source: www.ukhumanrightsblog.com