The decision is here. Violation of Art. 8 in the procedural sense only. Minority in Kay approved but, so it appears, Doherty also approved. Strong hints that this is a “time limited” violation, i.e. that Doherty has solved the problem. Paras 73 and 74 are the main ones.
Full post coming later.
[Edit: link to judgment fixed, 22/09/10.]
Now on Bailii: http://www.bailii.org/eu/cases/ECHR/2010/1322.html
ironically, we were running an Art8 defence to possession on thursday. with the benefit of this stunning judgment, guess what?
yep – we still lost.