Cannell v Scottish Ministers

January 30, 2009 | No Comments

The Inner House rejected the claim that statutory provision which failed to provide for recovery of expenses from the respondents.  The expenses were incurred by the petitioner in the course of his, ultimately successful, appeal against a listed building enforcement notice requiring him to restore certain panels to his private house, a listed building, was contrary to Article 8 ECHR.  The Court held that the decision by the respondents to refuse to reimburse him for his costs did not impose on the petitioner an excessive burden disproportionate to any aim legitimate for the state to seek to achieve and his rights under Article 1 of the First Protocol and Article 8 of the Convention were accordingly not infringed.

Full report available here.

Art. 08 Right to Private and Family Life, Civil Procedure, Environmental and Planning Law, Property Law, Protocol 1, Art. 1 Right to Private Property

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Formed in May 2009, the Scottish Human Rights Law Group is a non-affiliated, independent, professional network for those engaged in legal practice and study, in academia and politics, in campaigning and in the provision of advice. It exists to raise awareness and knowledge of human rights law in Scotland, and to provide a forum for discussion of matters of interest across the field. The group organises seminars and roundtable discussions on human rights and is accredited for the purposes of CPD.