Source: All England Reporter
Publisher Citation: [2002] All ER (D) 401 (Oct)
Neutral Citation: [2002] EWHC 2093 (Admin)
Court: Divisional Court
Judge:

Latham LJ and McCombe J

Representation Rhodri Thompson QC (instructed by Marriott Harrison) for the appellant.
  David Perry and Natasha Tahta (instructed by the Crown Prosecution Service) for the Director of Public Prosecutions.
Judgment Dates: 28 October 2002

Catchwords

Human rights - Right to peaceful enjoyment of possessions - Private hire vehicle - Interference with right by public authority - Application of Convention - Royal Parks and other Open Spaces Regulations 1997, reg 4(2) - European Convention on Human Rights, First Protocol, art 1.

The Case

Regulation4(27) of the Royal Parks and other Open Spaces Regulations 1997, which prevented certain uses of vehicles in defined and limited areas, did not involve a material interference with the enjoyment of the vehicle, or with the business conducted by means of the vehicle, at all. Indeed, the legislation restricting vehicle use under the Regulations did not come anywhere near infringing the enjoyment of possessions contained in art1 of the First Protocol to the European Convention on Human Rights.

Practice Areas

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