The following Public Law practice note Produced in partnership with Alexander Campbell of Field Court Chambers provides comprehensive and up to date legal information covering:
The European Convention on Human Rights (ECHR) was adopted by the Council of Europe in 1950. The ECHR sets out the rights and freedoms which the contracting parties are required to respect and secure to everyone in their jurisdiction, including rights to:
freedom from torture and other inhuman or degrading treatment or punishment
freedom from slavery and forced or compulsory labour
liberty and security of the person
a fair trial
prohibition of retroactive penal legislation
private and family life, home and correspondence
freedom of thought, conscience and religion
freedom of expression
freedom of assembly and association
marry and found a family
an effective remedy for a violation of the rights
freedom from discrimination in respect of specific rights and freedoms
These rights are defined in the main Articles to the ECHR and are enhanced by a series of Protocols covering a range of further issues, including:
peaceful enjoyment of possessions
Some Protocols have not been ratified or signed by the UK.
The rights specified in the ECHR as incorporated in UK law are referred to as Convention rights. The main legislation incorporating the ECHR into UK law is the Human Rights Act 1998 (HRA 1998). Not all of ECHR provisions are ratified and incorporated in UK law, but UK courts are required to interpret all legislation in a manner which is compatible
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This Practice Note considers the different categories of contractual damages that may be available for financial loss (pecuniary loss), ie expectation-based damages, reliance-based damages and gains-based damages.For guidance on contractual damages generally, see Practice Note: Contractual
On the disposition of a property (whether by way of conveyance, transfer or charge), the party making the disposition will normally provide a title guarantee which implies standard form covenants for title. A landlord may give a title guarantee when granting a lease, but this is rare in practice.
Overlapping insurance policesThere are various reasons why an insured may end up with overlapping insurance cover, whether deliberately or otherwise.Examples include the situation where the insured takes the benefit of other insurance arranged by another party or where, in the commercial world, risk
The Standard Conditions of Sale (SCS), currently in their 5th edition (2018 revision), are a set of standard conditions which are commonly incorporated into contracts for the sale of residential property. The Standard Commercial Property Conditions (Third Edition—2018 Revision) (SCPC) are used for
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