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PROPRIETARY CLAIMS AND HUMAN RIGHTS—A “RESERVOIR OF ENTITLEMENT”?

  • Amy Goymour (a1)

Abstract

TWO important decisions have recently considered the effect of human rights law on domestic property law: Kay v. Lambeth L.B.C.; Leeds C.C. v. Price, and J.A. Pye (Oxford) Ltd. v. United Kingdom. In each case, the claimant brought a domestic proprietary claim, one successfully, the other unsuccessfully, against a defendant. The aggrieved party argued that the domestic legal outcome conflicted with his rights under the European Convention on Human Rights. In each case, the court had to decide whether the Convention had indeed been infringed by the bringing of a proprietary claim and, if so, what the consequences of that infringement might be.

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The Cambridge Law Journal
  • ISSN: 0008-1973
  • EISSN: 1469-2139
  • URL: /core/journals/cambridge-law-journal
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