Fundamental Rights Flashcards
James v UK
Government scheme meaning people could buy leasehold houses for a value below market value, claim by property owner for loss of value on every property sold, held there was no state expropriation. Potential human rights infringement but it was justified.
Aston Cantlow v Wallbank
Farm was inherited but because it was Glebe land they were liable to pay for repairs to the chancel of the parish church. Did this duty breach human rights? The church was a public body but there was no breach as the property was only being subjected to a pre-existing burden.
Former King of Greece v Greece
Was appropriation of royal palace a breach of the ECHR? It was established that there was a breach of this right, award was given. In general full market compensation must be paid if the state takes property.
