Discusses the doctrine of the presumption of advancement and the extent to which its continued application violates fundamental human rights. Examines the origin of the presumption, its application in case law and the ways in which it contravenes the European Convention on Human Rights 1950 Protocol 7 Art.5 and Protocol 12 Art.1, which are currently unratified by the UK. Argues that the doctrine also infringes Art.14 and Protocol 1 Art.1 of the Convention and considers the grounds for its abolition under the Human Rights Act 1998 s.6(1).
|Conveyancer and Property Lawyer
|Published - 1 Jul 2007