Property Law: Art 8 ECHR Question (Protection of Home and Private Life)?
Have the human rights recognised by Article 8 effectively engrafted a ‘new equity’ onto the property relationships of citizens?
Discuss.
What do they mean by "new equity"?
Would one just discuss the proportionality and public authority possession applications? How after Pinnock, which was further approved in Powell, the law must be applied in order to ensure compatability with A 8 where a court is asked to make an order for possession of a person's home at the suit of a local authority?
So the court must assess the proportionality of making the order and it is thus "more fair" which I think means "new equity".
What else is there to talk about?
Discuss.
What do they mean by "new equity"?
Would one just discuss the proportionality and public authority possession applications? How after Pinnock, which was further approved in Powell, the law must be applied in order to ensure compatability with A 8 where a court is asked to make an order for possession of a person's home at the suit of a local authority?
So the court must assess the proportionality of making the order and it is thus "more fair" which I think means "new equity".
What else is there to talk about?
Quick Reply
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