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The rise and rise of Article 1 Protocol 1 in commercial public law litigation

10/06/15

Brick Court Chambers hosted a well-attended seminar on 3rd June on the subject of Article 1 Protocol 1. A1P1 is the “blue chip” ECHR provision when it comes to commercial public law.  At heart commercial public law involves disputes over money and other commercial property whether that be in the form of a regulatory decision, or a law with adverse commercial effects. In recent years, A1P1 has, increasingly, been used to challenge the most wide-ranging public law decisions. With the advent of the EU Charter of Fundamental Rights its growing potential for use in EU cases now enables commercial litigants to use the ECHR in innovative and imaginative ways to protect their commercial interests.

This seminar addressed the myriad of ways in which A1P1 is now being used as well as to assess its potential for the future.

A1P1 Brochure

Speakers & topics

Richard Gordon QC: A1P1 and the Insurance Industry – Lessons from AXA and The Welsh Reference case

Marie Demetriou QC: The distinction between deprivations of property and control of use, and the consequences of the distinction

Paul Bowen QC: Contracts and goodwill as ‘possessions’ under A1P1 and the case of Breyer v DOE

Victoria Wakefield: Similarities and differences between A1P1 and the common law right to property

Oliver Jones: Justifying interferences with property rights

Emily MacKenzie: Inherent limitation and Sims v Dacorum BC

Panel

  •          Andrew Lidbetter (Herbert Smith)
  •          Joanna Ludlam (Baker & Mackenzie)
  •          David Anderson QC
  •          Martin Chamberlain QC
  •          Mr Justice Green (Chair)