H. v. United Kingdom

Abstract

Expropriation — Judicial decision affecting property rights — Regulation of the rights of joint owners inter se — Whether capable of amounting to unlawful deprivation of property — Contract for joint exploitation of oil concession in Libya — Concession nationalized by Libya — Whether contract frustrated — Award of sum as restitution between parties to the contract by English court — English legislation on frustrated contracts — Party to which sum awarded partly owned by United Kingdom Government

State responsibility — For judicial decisions — Denial of justice — Whether decision that court has jurisdiction capable of amounting to a denial of justice — Local remedies rule — Failure to appeal

Human rights — Property rights — Right to a fair trial — Whether assertion of jurisdiction capable of infringing human rights — Whether award of sum of money under frustrated contracts legislation contravenes right to a fair trial — European Convention on Human Rights, 1950