| Source: | All England Reporter |
| Publisher Citation: | [2003] All ER (D) 88 (Nov) |
| Neutral Citation: | [2003] EWHC 2607 (Admin) |
| Court: | Administrative Court |
| Judge: | Moses J |
| Representation | John Howell QC and Gerard Clark (instructed by Herbert Smith) for the claimant. |
| John Cavanagh QC and Paul Nicholls (instructed by Norton Rose) for the defendant. | |
| Andrew Hunter (instructed by Edwards Geldard) for MML the interested party. | |
| Judgment Dates: | 7 November 2003 |
Catchwords
Railways - Channel Tunnel Rail Link - Creation of terminus - Decision of Rail Regulator regarding station access contract - Legality - Existence of breach of claimant's entitlement to peaceful enjoyment of his possessions - ss 17, 18 - European Convention on Human Rights, First Protocol, art 1.
The Case
The Rail Regulator by imposing an agreement on the owners of St Pancras station requiring them to compensate Midland Main Line Ltd for disruption to its operations during refurbishment of the station had engaged the owner's rights under art1 of the First Protocol to the European Convention on Human Rights because the owner was deprived of the right to use its property as it saw fit, however, neither the decision nor the defendant's approach infringed that article.
Practice Areas
Lexis®Library
- An Official transcript is the final version of the judgment prepared by shorthand writers. LexisLibrary contains all judgments from the High Court and aboveView Judgment
- The All England Law Reports comprises judgments with headnotes and catchwords indicating the area of law and key issues of the case prepared by legally qualified editorsFind AllER Reports
- Cases related to this particular case that are related to, or discuss this caseView related cases
- Commentary discussing this particular case from LexisLibrary's comprehensive range of titles including Butterworths, Halsbury's and TolleyView related commentary
