Article 1 of Protocol 1—Protection of property

Produced in partnership with Gabriel Tan of Wilson Solicitors LLP

Practice notes

Article 1 of Protocol 1—Protection of property

Produced in partnership with Gabriel Tan of Wilson Solicitors LLP

Practice notes

Article 1 of Protocol 1 (‘A1P1’) provides:

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every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions, except in the public interest and subject to the conditions provided for by law and by the general principles of international law
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the preceding provision shall not, however, in any way impair the right of a state to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties

Scope of the Protected Right

Elements of the Protected Right

There are three rules in A1P1:

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the right to peaceful enjoyment of property
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the prohibition against deprivation of property
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the right of states to control the use of property

The first rule is of a general nature and sets out the right to property. The second and third rules are instances of interferences with the first rule and

Gabriel Tan

Public Law Caseworker, Wilson Solicitors LLP

Gabriel is a Public Law caseworker 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.

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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.

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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 practitioners’ publications (e.g. Free Movement).

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Gabriel also has experience in public law academic research, having been a Research Associate at Durham Law School working on an empirical project on the duty of candour in judicial review.

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Gabriel is an active commentator on public law on Twitter (@finishedloading) and writes his own blog, the Administrative Court Blog (@admcourtblog), where he provides regular case notes and commentary on Administrative Court decisions.

Jurisdiction(s):

United Kingdom

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