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Tom Weekes

Tom Weekes QC

YEAR OF CALL 1995TWeekes@landmarkchambers.co.uk

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Human Rights (and cases about the interrelation between statutory powers and property rights)

Several of Tom’s cases have raised issues under the European Convention or concerned the interrelation between statutory powers and property rights.

For example, he appeared in Pirabakaran v Patel [2006] 1 WLR 3112 (Article 8 required section 2 of the Protection from Eviction Act 1977 to be interpreted as prohibiting the forfeiture by peaceable re-entry of mixed commercial/residential properties), Baxter v Mannion [2011] 1 WLR 1594 (Article 1 of the First Protocol required the provisions of the Land Registration Act 2002 relating to adverse possession to be interpreted so as to enable a registered proprietor to apply to rectify the register on the ground of mistake if he has lost his land to a supposed squatter who, in fact, was never in possession), Jones v Cleanthi [2007] 1 WLR 1604 (with a leader) (statutory authority as a defence to infringement of an easement), Cusack v Harrow [2013] 1 WLR 2022 (Article 1 of the First Protocol was not infringed by a highway authority obstructing access to the highway) and Shebelle Enterprises Ltd v Hampstead Garden Suburb Trust [2014] 2 P&CR 6 (whether the bona fide exercise of powers under a scheme of management is a defence to an action for breach of the covenant for quiet enjoyment).