From: Andrew Tettenborn <A.M.Tettenborn@exeter.ac.uk>
To: obligations@uwo.ca
Date: 27/11/2009 13:41:24 UTC
Subject: human rights

Human rights pop up in the most unexpected places these days.


Last year, members may recall, the HL held in OBG v Allan [2008] 1 AC

1,  [ 2007 ] UKHL 21, that strict liability in conversion didn't apply

to contractual rights. You might be amused to see that OBG has now

argued not simply that this result is wrong, but that it is so monstrous

as to infringe their fundamental human rights. One awaits the outcome

with interest.


See OBG Ltd and Others v United Kingdom - 48407/07 [1999] ECHR 1943 (13

November 2009).



Andrew


--

Andrew M Tettenborn

Bracton Professor of Law, University of Exeter




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LAWYER, n.

One skilled in circumvention of the law. (Ambrose Bierce, 1906).