2,051
edits
Changes
From DMC
no edit summary
Fn.1 Agapitos v Agnew (The "Aegeon") [2002] EWCA Civ 247
Fn.2 These were Fn.2 The first paragraph of Protocol 1 to the European Convention on Human Rights gives a person a right not to be deprived of his or her proprietary rights. An insurance claim is taken for present purposes to be such a proprietary right. By section 6(1) of the Human Rights Act 1998, it is unlawful for a public authority, including a Court, toact in a way which is incompatible with a Convention right. The argument therefore ran thatthe Courts should develop the common law such that the insured cannot be deprived of an insurance claim in an disproportionate manner. The question would then become whether the deprivation of the insurance claim via the "fraudulent devices" rulewas proportionate in relation to a legitimate aim (here presumably to discourage insurance fraud)."
