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ECHR Article 1/1

May 29th, 2025 by James Goudie KC

In MANCHESTER SHIP CANAL CO LTD v SoS (2025) EWCA Civ 676, a challenge by a canal owner to confirmation of a CPO, allowing the creation of a new pipe for the discharge into the canal of water and treated effluent, Males LJ reiterates, at para 95, that COMPENSATION for loss of property rights under Article 1/1 need not equate to common law damages, in this case damages payable in a claim for nuisance.

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