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Buckley v. UK, ECtHR Judgment of 1996

[1997] 23 EHRR 101

Case summary last updated at 05/01/2020 19:23 by the Oxbridge Notes in-house law team.

Judgement for the case Buckley v. UK, ECtHR Judgment of 1996

P, a gypsy, lived with her three children in caravans parked on land which she owned. In 1990 her retrospective application for planning permission for the caravans was refused by the District Council, which issued an enforcement notice requiring the caravans to be removed within a month. She alleged a violation of Article 8 of the Convention and/or of Article 8 in conjunction with Article 14. ECtHR held that there was no violation of these rights. 
 
Courts’ Judgment: Although a margin of appreciation (MoA) is given as to the necessity of the measure and enforcement, it remains susceptible to review by the court re ECHR compatibility. The MoA will vary depending on the context, depending on “the nature of the Convention right in issue, its importance for the individual and the nature of the activities concerned.” 

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