No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law …
“The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest …”
When considering the proportionality of the parent Act for A1P1 purposes, the Inner House said:
“the achievement of a fair balance between the rights of the individual (in this case the landlord) and the community as a whole is something which, as the Lord Ordinary found, cannot be assessed until at least the promulgation of a Code and probably not until it is seen in operation in relation to a particular tied pub or lease"viThe conclusion of the Inner House in relation to A1P1 begins at paragraph 40 of the judgment: “The objective of the 2021 Act is a legitimate one. This was, as expressed...