THE NATIONAL & PROVINCIAL BUILDING SOCIETY, THE LEEDS PERMANENT BUILDING SOCIETY AND THE YORKSHIRE BUILDING SOCIETY v. THE UNITED KINGDOMPARTIALLY DISSENTING OPINION OF Mr. G. RESS
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Document date: June 25, 1996
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PARTIALLY DISSENTING OPINION OF Mr. G. RESS
I agree with the general approach taken by Mr. Busuttil and
Mr. Loucaides.
It seems quite artificial to me to come to different conclusions
under Article 6 of the Convention and Article 1 of Protocol No. 1,
especially in this case where the "possessions" involved under Article
1 are the claims whose "determination" is at issue under Article 6.
In connection with Article 1 of Protocol No. 1, I would stress
that the original intention of Parliament cannot have been very clear
to anybody, even not to the average building society, as it took
extensive court proceedings before that intention was "clarified".
Further, I would lay particular emphasis on the difficulty for the
applicant societies in foreseeing, even in the light of the judgments
in the Woolwich cases, that retroactive legislation would deprive them
of claims made in reliance on the findings of those judgments.