Jurisdiction(s):
United Kingdom

A1P1 (ECHR) property rights: scope, deprivation versus control, lawful aims, proportionality (Bank Mellat), compensation, positive obligations, and interaction with protest—UK and Strasbourg case law

Published by a LexisNexis Public Law expert

Practice notes

Article 1 of Protocol 1 (A1P1) states

Every natural or legal person has the right to the peaceful enjoyment of their possessions. No person shall be deprived of their possessions except in the public interest and subject to conditions laid down by law and by the general principles of international law.
The foregoing provision does not in any way limit a state’s right to enact and enforce laws it considers necessary to regulate the use of property in accordance with the general interest, or to secure the payment of taxes, other contributions, or penalties.

Scope of the Protected Right

The first rule is general in nature and sets out the right to property. The second and third rules represent interferences with that primary right and must be construed in the light of the principles contained within it.

Elements of the Protected Right

There are three rules in A1P1:

The right to the peaceful enjoyment of property
The prohibition on deprivation of property
The right of states to control the use of property...

To view the latest version of this document and thousands of others like it, sign-in with LexisNexis or register for a free trial.

Gabriel Tan

Gabriel is a specialist public lawyer, with practice and academic expertise in the field. He read law at Durham University and the University of Oxford. Gabriel previously practised at Wilson Solicitors, specialising in judicial reviews and civil claims against public authorities. He has experience in public law matters across a wide-range of issues, including policy challenges, and the consultation duties of public authorities, amongst others. Gabriel has had conduct of litigation before the County Court, Upper Tribunal, the Administrative Court, and the Court of Appeal. He has been instructed by individuals, as well as NGOs, both in litigation and general research matters. Gabriel writes regularly and has been published across a wide range of publications on various aspects of public law, including academic journals (e.g. Public Law, Edinburgh Law Review), academic blogs (e.g. UK Constitutional Law Association Blog), and...

Web page updated on 21/05/2026

Popular documents

Using the Judicial College Guidelines to assess general damages in personal injury claims

When evaluating a general damages claim, the practitioner ought initially to refer to the Judicial College Guidelines (JCG)...

Tomlin orders in England and Wales: CPR guidance on drafting, confidentiality, approval, variation, enforcement, limitation, CCA issues, court-specific requirements, sample wording and precedents

This Practice Note This Practice Note reviews mechanisms used in settling litigation. A Tomlin order consists of a consent order paired with a schedule. It operates to stay proceedings on terms that have been agreed. The provisions contained in the schedule may remain confidential. This Practice Note describes the scope of confidentiality attaching to the schedule and sets out how it differs from a standard consent order. Sample wording for a Tomlin order is included, alongside links to precedents, as well as guidance on court approval. It also addresses varying, setting aside and enforcing a Tomlin order, including the considerations the court will take into account when handling applications for each. Further guidance is provided on interpreting and applying the relevant provisions of the CPR; however, some courts and divisions impose very specific requirements for both drafting and approval, and for approaching the schedule and confidentiality issues. Accordingly, you must consider the particular rules and court guide provisions in the forum where your claim is proceeding when drawing up the Tomlin order...

Precedent: Deed of Surrender of Lease with Optional Premium, Settlement and Release, Landlord, Mortgagee and Guarantor Consents, Reimbursement and HM Land Registry Provisions (England and Wales)

Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

Precedent Statutory Declaration: Standard Wording under the Statutory Declarations Act 1835

I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...