- Applied — Facebook, Inc. & Anor v The Competition And Markets Authority 2021-05-13
“…AA, “the standard of review to be applied will be to ask whether the judgment in question is “manifestly without reasonable foundation”: James v United Kingdom (1986) 8 EHRR 123, para. 46 (see also para. 51)”. The Tribunal concluded as follows at [20(5)] in BAA:-…”
- Cited — Delve & Anor, R (On the Application Of) v The Secretary of State for Work And Pensions 2020-09-15
“…d for that proposition on the decision of the Supreme Court in DA. Lord Wilson JSC traced the origins of the MWRF test to James v United Kingdom (Appn 8793/79) (1986) 8 EHRR 123, at [46] through Stec v United Kingdom (Appns 65731/01 and 65900/01) (2006) 43 EHRR 47, at [52] and then to Carson at [55] onwards. He referred then to the dif…”
- Cited — Drexler, R (On the Application Of) v Leicestershire County Council 2020-04-07
“…In support of those propositions the Court cited, at footnotes 30-31, two of its earlier decisions: James v United Kingdom (1986) 8 EHRR 123, at para. 46; and National and Provincial Building Society v United Kingdom (1998) 25 EHRR 127, at para. 80.…”
- Cited — Kingsley & Ors v Kingsley 2020-03-03
“…In James v United Kingdom (1986) 8 EHRR 123 the ECHR measured the propriety of the Leasehold Reform Act 1967, which provided for the compulsory acquisition of freeholds at the behest of tenants, as again…”
- Cited — Langford v The Secretary of State for Defence 2019-07-17
“… adverse effects of certain measures are manifestly without reasonable foundation is firmly rooted in the jurisprudence of the ECtHR. In James v United Kingdom (1986) 8 EHRR 123, in which it rejected the challenge to the legislation in England and Wales for leasehold enfranchisement, that court, in plenary session, held at para 46 that…”
- Cited — Granada UK Rental & Retail Ltd & Ors v The Pensions Regulator 2019-06-20
“…policies may be 'in the public interest', even if the community at large has no direct use or enjoyment of the property transferred (see James v United Kingdom (1986) 8 EHRR 123, at paras 40–45). The debt adjustment legislation clearly serves legitimate social and economic policies and is not therefore ipso facto an infringement of Art…”