Instructed solicitor in the ECHR case on the definition of social security benefits as
possessions under article 1 Protocol.
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»).
Not exact matches
A further three people have been charged with offences
under the Terrorism Act 2000, one of whom has been charged with
possession of
articles useful to a person preparing an act of terrorism.
(5) Adopt rules on the euthanasia of animals in the
possession or custody of any person required to obtain a certificate of registration
under this
Article.
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).
(2) It is a defence for a person charged with an offence
under this section to prove that his
possession of the
article was not for a purpose connected with the commission, preparation or instigation of an act of terrorism.»
Rix LJ (with whom Etherton and Jackson LJJ agreed on this point) indicated that the seemingly unfettered right to access accounts and certain categories of related documents of a local authority that is available to «persons interested»
under section 15 must be «read down» — in accordance with
Article 1, Protocol 1 of the ECHR (protection of peaceful enjoyment of
possessions)-- so as to protect the commercial confidentiality of those documents or parts of those documents, unless disclosure is objectively justified.
It is an offence (carrying five years» imprisonment) for a person to have in his
possession or
under his control any
article for use in the course of, or in connection with, any fraud (s 6).
Providing the landlord has served two notices, referred to in this
article as a six month notice and a two month notice, within the required time frames the landlord will have a mandatory right to
possession under s 21.
(1) Every person is guilty of an offence
under this Act who, having in his
possession or control any secret official code word, password, sketch, plan, model,
article, note, document or information that relates to or is used in a prohibited place or anything in a prohibited place, or that has been made or obtained in contravention of this Act, or that has been entrusted in confidence to him by any person holding office
under Her Majesty, or that he has obtained or to which he has had access while subject to the Code of Service Discipline within the meaning of the National Defence Act or owing to his position as a person who holds or has held office
under Her Majesty, or as a person who holds or has held a contract made on behalf of Her Majesty, or a contract the performance of which in whole or in part is carried out in a prohibited place, or as a person who is or has been employed
under a person who holds or has held such an office or contract,
Under OPA 1959, s 2 (1) simple
possession of offending material will be illegal if it is an obscene
article for publication for gain.