||All England Reporter
|| All ER (D) 88 (Nov)
|| EWHC 2607 (Admin)
||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.
||7 November 2003
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 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.
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