Saturday, February 25, 2006

Not heard the last of Durant!

I have finally finished writing my paper, but in the process of doing so, there was a press release about the latest saga to the case of Durant.
For those who are unaware of the case of Durant, please see here for more information. Anyway, Durant is expected to submit an application to the ECHR against the UK government. The principle ground is that Durant had suffered a breach of Art. 8(1) ECHR which states that 'everyone has the right to respect for his private and family life, his home and his correspondence.' Once the application is submitted, the Court in Strasbourg has to decide whether Durant has a case and a decision is not expected until several years.
If the court decides to listen to Durant's case, I would be interested to see whether Durant would contend that the state had failed to take positive measures to protect D's right under Art. 8(1) ECHR. For more on privacy and its legal interpretation, I would refer you to a chapter I wrote a few years ago on privacy.

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