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

Published online by Cambridge University Press:  30 November 2006

Amy Goymour
Affiliation:
Downing College, Cambridge.

Abstract

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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.

Type
Articles
Copyright
Cambridge Law Journal and Contributors 2006