Source: All England Reporter
Publisher Citation: [2002] All ER (D) 256 (Oct)
Court: Administrative Court

Sir Christopher Bellamy QC (sitting as a deputy judge of the High Court)

Representation Richard Clayton QC (instructed by Bindman & Partners) for the claimant.
  Richard Humphreys (instructed by Sharpe Pritchard) for the authority.
Judgment Dates: 18 October 2002


Human rights - Right to peaceful enjoyment of possessions - Hackney carriage vehicle licence - Interference with right by public authority - Application of Convention - European Convention on Human Rights, First Protocol, art 1.

The Case

Changes in the law which might affect property values, or the value of a business, could not normally be impugned under art1 of the First Protocol solely on the grounds that a change in law had caused a diminution in value. In any event, unlike real or personal property, there was no intrinsic reason why a hackney carriage vehicle licence, which was an authorisation granted by the state, should have a 'private value' in the hands of the licence holder.

Practice Areas

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