Human rights win for deceased

A man who died while awaiting the outcome of his legal battle over a building lease has won a claim that his human rights had been breached.

The estate of Michael Stretch, from Wareham, Dorset, was awarded nearly £25,000 in damages and nearly £32,000 in costs by the European Court of Human Rights in Strasbourg.

The case was continued by Mr Stretch's son and executor, Jonathan, after his father, in his late 60s, died in January 2003.

It centred on dispute over a 22-year building lease of industrial land granted by Dorchester Borough Council in 1969.

Council "exceeded powers"

The lease required Mr Stretch to put up six buildings at his own expense for "light industrial use", and included an option to renew for a further 21 years.

But, in 1990, while renegotiating the renewal, Mr Stretch was told by the local authority he could not do so because Dorchester Borough Council had exceeded its powers in granting him an renewal option in the first place.

A legal appeal failed, but Mr Stretch then turned to the Strasbourg court, complaining that his human rights had been breached.

Article 1 of the Convention guarantees "protection of property", and the judges agreed on Tuesday that the provision was breached when Mr Stretch was denied the option, despite the earlier agreement, to renew the lease.

The court said Mr Stretch took on the original lease on the basis that he would be able to extend it.