Wilson Solicitors LLP

This Practice Note summarises Article 1 of Protocol 1 of the Human Rights Act 1998 (HRA 1998). It considers the scope of the right, and the three rules it contains. It looks at the meaning of ‘posessions’ and of ‘deprivation’, and the three requirements for an interference with possessions to be permitted. It looks at states’ right to control property, positive obligations including compensation, and A1P1’s relationship with other Convention rights.

This Practice Note outlines the Tameside duty of inquiry. It provides introductory guidance to the development and scope of the Tameside duty, the standard of review, the assessment of compliance, the distinction from the duty to consult, and the contextual relevance.

This Practice Note outlines the types of remedies that can be awarded on an application for judicial review. It covers: quashing orders, mandatory orders, prohibiting orders, declarations, damages, and injunctions. It also provides introductory guidance to the remedial discretion in judicial review and the factors relevant to exercising that discretion.