R (on the application of Mahoney and another) v Secretary of State for Communities and Local Government; R (on the application of Cleary) v Secretary of State for Communities and Local Government

Human rights – Discrimination. The claimant Irish travellers sought a declaration that s 33(2) of the Land Compensation Act 1973, which precluded the making of a home loss payment to a caravan dweller unless no suitable alternative site was available on reasonable terms, was incompatible with art 14 of the European Convention on Human Rights, read in conjunction with art 8 of the Convention or art 1 of the First Protocol to the Convention, or both. The Planning Court, in dismissing the application, having properly construed s 33(2) of the Act, held that the analogy the claimants sought to draw between their situation, and that of persons resident in bricks and mortar accommodation was plainly false.

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