[2025] EWHC 2751 (Admin)

Fecha: 24-Oct-2025

The structure of A1P1

The structure of A1P1

80.

In Sporrong and Lönnroth v Sweden (1983) 5 EHRR 35 the ECtHR held at [61] that A1P1 comprises three rules:

(1)

A first and general rule set out in the first sentence that enunciates the right to peaceful enjoyment of property;

(2)

A second rule against deprivation of possessions save in the public interest and subject to certain conditions; and

(3)

A third rule recognising a State’s entitlement to control the use of property in accordance with the general interest.

The second and third rules are particular instances of, and are applied before, the general principle in the first rule (see also AXA General Insurance Limited v HM Advocate [2011] UKSC 46; [2012] 1 AC 868 at [107]-[108]).

81.

An interference which does not cause the owner to lose all meaningful use of his possession is likely to be treated as a control of use rather than a deprivation (R (British American Tobacco UK Limited) v Secretary of State for Health [2016] EWCA Civ 1182; [2018] QB 144). However, as we have noted, in this case it was common ground by the time of the hearing that the exercise of any of the rights to enfranchise, including the grant of a 990-year lease extension, would involve a deprivation of a possession and we proceed on that basis.