M (Kenya) v SSHD [2008] EWCA Civ 1015 [2008] All ER (D) 66 (Sep)
Court of Appeal Civil Division: Sedley, Jacob LJJ and Lewison J
Last updated on 13th September 2008 at 1:27 am |
The contractual right to receive private medical treatment is not property or possession for the purposes of Article 1 Protocol 1. Indicia of possessions for the purposes of establishing a property right under Article 1 of Protocol 1 of the ECHR include: tangibility, whether the possession is assignable, transmissibility, and economic value, and the possession must be capable of being described as an ‘asset’.
Tagged As: Medical Treatment
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