Sentences with phrase «peaceful enjoyment»

He also argued that the ban constituted an unlawful and discriminatory infringement of his right to peaceful enjoyment of possessions under Article 1 Protocol 1.

Is «ascertainable ecocide» (deforestation, oil spills, fossil fuel extraction, pollution - dumping) a problem for «the inhabitants of [a] territory», if it is not the case that «peaceful enjoyment by the inhabitants of that territory have been severely diminished»?

Yet these things surely are nothing but «the extensive destruction, damage to or loss of ecosystem (s) of a given territory» which «severely diminishes» the «peaceful enjoyment by the inhabitants of that territory».

changes in rules relating to the property meant to protect health, safety, and peaceful enjoyment; and

This is your chance to fight to protect your community your health and safety your property value your environment and the peaceful enjoyment of your home.

You can always try suing — nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress — these guys (non-smokers) are not very encouraging about legal options.

The applicant company complained that the proceedings were contrary to its rights under Article 6 (1)(fair trial) of the Convention and Article 1 of Protocol No. 1 (peaceful enjoyment of possessions).

At first instance, the Reviewing Judge held that the decision to impose catch limits by the Agency were irrational in based on established Public Law principals and that, in the absence of compensation, they unlawfully interfered with Mr Mott's right to peaceful enjoyment of his possessions under Article 1 of the First Protocol to the European Convention on Human Rights («A1P1»).

The applicant company submitted that this procedure infringed its right to the peaceful enjoyment of its possessions under Art 1 of Protocol No 1 (protection of property).

Although the majority based their conclusion on his right to peaceful enjoyment of possessions, the partially concurring and dissenting opinions and the judgment as a whole provide an interesting insight into the way freedom of conscience challenges are to be approached in a secular society where religion holds less sway than individual ethical positions on certain issues.

The Convention protects human rights and fundamental freedoms such as life, security and respect for private and family life, freedom of expression, freedom of thought, conscience and religion, the right to vote in and stand for election, a fair trial in civil and criminal matters, property and peaceful enjoyment of possessions.

You can always try suing — nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional...

He sought damages under the Human Rights Act 1998 (HRA 1998) on the basis of breaches of Art 6 (right to fair trial) and Art 1 of the First Protocol (right to peaceful enjoyment of possessions) of the European Convention on Human Rights (the Convention).

Peaceful Enjoyment The landlord can not significantly disturb the tenant's possession of the premises, nor affect the peaceful enjoyment of the rented premises.

Sometimes renovations, repairs, uninhabitable premises, or other factors that affect the tenant's ability to use his or her premises may mean that the tenant's peaceful enjoyment is affected.

(b) that, subject to section 23 [about the landlord's ability to enter the tenant's premises], neither the landlord nor a person having a claim to the premises under the landlord will in any significant manner disturb the tenant's possession or peaceful enjoyment of the premises; (emphasis added)

Nonsmokers have filed lawsuits against landlords or fellow tenants on the basis of nuisance, breach of statutory duty to keep the premises habitable, breach of the common law covenant of peaceful enjoyment, negligence, harassment, battery, and intentional infliction of emotional distress; courts have ruled for and against nonsmokers in individual cases.

The communal right of aborigines to occupy it can not be reconciled with the right of a private owner to peaceful enjoyment of his land.

Finally, the Court of Appeal dismissed the Appellants» contention that the CFL infringed their right to the peaceful enjoyment of private property, since this right in the Québec Charter is expressly subject to any limitations provided by law, such as the limitations provided for in the CFL.

The first group of claimants, known as the human rights (HR) claimants, argued that HuA 2004 infringed their rights under Arts 8 (respect for family life), 11 (right to peaceful assembly) and 14 (freedom from discrimination) of, and Art 1 of the First Protocol (peaceful enjoyment of possessions) to, the Convention.

Malik, however, claimed he had suffered an interference with his possessions contrary to Art 1 of the European Convention on Human Rights which allows, inter alia, that «every natural or legal person is entitled to the peaceful enjoyment of his possessions».

The Supreme Court therefore found that the requirement for cohabiting couples to complete a nomination form was an additional, unnecessary hurdle that amounted to unlawful discrimination under Art 14 of the European Convention on Human Rights (the right to equal treatment) when read together with Art 1, Protocol 1 (the right to peaceful enjoyment of property)(see Brewster, Re Application for Judicial Review (Northern Ireland)[2017] UKSC 8, [2017] All ER (D) 74 (Feb)-RRB-.

Subject: Insolvency; Bankruptcy; Bankrupts; Creditors; Delay; Matrimonial home; Peaceful enjoyment of possessions; Possession orders; Right to fair trial; Right to respect for private and family life

Regular readers will know that A1P1 is the ECHR right to peaceful enjoyment of property.

In the case of traditional Aboriginals, these right included rights to the peaceful enjoyment of their traditional lands and to navigate and to fish as their ancestors had done for aeons before British sovereignty and settlement.

These cases may not surprise you, since the owners» misconduct clearly put the safety and right to peaceful enjoyment of other owners in jeopardy; it seems only fair that the collective rights of all owners should outweigh those of the individual.