> the neighbour may have a case for harassment and any court decision
would have to concern itself with the breach of the Article 8 right to a
private life.
I'm afraid that is not true.
Whether the neighbour may or may not have a cause of action under
harassment laws, the court decision would not have to concern itself
with Conventional Rights, simply because the neighbour is not a public
authority.
Conventional Rights (HRA 1998) can only be claimed against a public
authority. They only have 'vertical' and not 'horizontal' application.
Of course, in reaching any decision on any part of the law, a Court must
always bear in mind it is a public authority, and act compatibly, as in
Douglas v Hello, which might /indirectly/ see the engagement
conventional rights in a dispute between private persons, but that's a
long way from having to concern itself with a breach of Art.8 which BY
DEFINITION only a public authority can commit.
Nigel
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