CONNORS v. THE UNITED KINGDOM JUDGMENT
31
97. The Court has found above a violation of Article 8 of the
Convention. No separate issue arising under Article 14 of the Convention,
the Court finds it unnecessary to consider this complaint further.
III. ALLEGED VIOLATION OF ARTICLE 1 OF PROTOCOL NO. 1
98. Article 1 of Protocol No. 1 provides as relevant:
“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.”
The preceding provisions 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.”
99. The applicant complained that during the eviction the Council
interfered with his personal property by removing essential possessions
from the pitch and retaining various items. They failed to return the property
promptly and, when they did, dumped it on the roadside.
100. The Court notes that the applicant does not allege that possessions
were damaged or lost or that the actions of the Council were unlawful, in
which latter case it would have been possible to take action in the courts. To
the extent therefore that the removal of the property was a consequential
element of the eviction of the applicant and his family from the local
authority site, the Court does not find that it raises any separate issues from
those considered under Article 8 above and thus finds it unnecessary to
examine the complaint further.
IV. ALLEGED VIOLATION OF ARTICLE 6 OF THE CONVENTION
101. Article 6 § 1 of the Convention provides as relevant:
“In the determination of his civil rights and obligations ..., everyone is entitled to a
fair ... hearing ... by an independent and impartial tribunal established by law.”
102. The applicant complained under Article 6 that he was unable in the
summary possession proceedings to challenge the Council’s allegations of
nuisance whether by giving evidence himself or calling witnesses. The
applicant was at a substantial disadvantage given the terms of the licence, in
respect of which he had not been in a free bargaining position. There was no
equality of arms and he was denied any effective access to court against the
very serious interference with his home and family.
103. The Court considers that the essence of this complaint, that his
eviction was not attended by sufficient procedural safeguards, has been
examined under Article 8 above and may be regarded, in the present case, as