Changes

Fn.2 These were that Article Fn.2 The first paragraph of Protocol 1 of to the European Convention on Human Rights gives a person a right not to be deprived of its possessionshis 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, to act in a way which is incompatible with a Convention right. The argument therefore ran that the Courts should develop the common law such that the insured cannot be deprived of an insurance claim in an ECHR rightdisproportionate 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)."