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Manchester Ship Canal Developments Limited v Crane and Others and Persons Unknown [2014] EWHC 645 (Ch) (Chancery Division)

DATE: 10 Mar 2014

His Honour Judge Pelling QC, sitting as a Judge of the High Court.

This was a High Court case which concerned the major protest against fracking last year, which took place at Barton Moss near Manchester. It raised issues regarding fracking and the extent to which Articles 8, 10 and 11 of the European Convention on Human Rights could be relied upon by the protestors. It was the first case in which a High Court Judge had to decide whether Article 8 of the Convention applies to possession claims by private landowners against trespassers.  It was held that, by virtue of the court itself being a public authority, the court cannot act incompatibly with an article of the Convention, such that these rights become directly applicable between private parties in court proceedings.