36
JAMES AND OTHERS v. THE UNITED KINGDOM JUGDMENT
to the Convention or to equivalent domestic legal norms. The Court is
therefore unable to uphold the argument to this effect advanced by the
applicants.
86. Adducing the same facts as in the context of Article 6 para. 1 (art. 61), the applicants also relied on Article 13 (art. 13) as regards the
consequences entailed for them by the application of the leasehold reform
legislation. The Court has found that legislation, including its effects in the
applicants’ case, to be compatible with the substantive provisions of the
Convention. In such a situation, the requirements of Article 13 (art. 13) will
be satisfied if there exists domestic machinery whereby the individual can
secure compliance with the relevant laws (see the above-mentioned Silver
and Others judgment, Series A no. 61, p. 44, para. 118). Effective remedies
in this sense were and remain available to the applicants. In particular,
disputes over a tenant’s entitlement to acquire the freehold under the
leasehold reform legislation and over related matters are within the
jurisdiction of the County Court; and the purchase price payable is subject
to determination, in default of agreement, by the local Leasehold Valuation
Tribunal (or, formerly, the Lands Tribunal) (see paragraphs 24 and 25
above).
87. The facts of the present case therefore disclose no violation of Article
13 (art. 13) of the Convention.
FOR THESE REASONS, THE COURT UNANIMOUSLY
Holds that there has been no breach either of Article 1 of Protocol No. 1
(P1-1), whether taken on its own or in conjunction with Article 14 (art.
14+P1-1) of the Convention, or of Articles 6 para. 1 and 13 (art. 6-1, art.
13) of the Convention.
Done in English and in French, and delivered at a public hearing at the
Human Rights Building, Strasbourg, on 21 February 1986.
Rolv RYSSDAL
President
Marc-André EISSEN
Registrar
The separate concurring opinions of the following judges are annexed to
the present judgment in accordance with Article 51 para. 2 (art. 51-2) of the
Convention and Rule 52 para. 2 of the Rules of Court: