Not Retrospective

Biggin Hill Airport Ltd v Bromley LBC (TLR 9 January ChD)

The claimants were the lessees of Biggin Hill Airport from the respondents. Under the lease the claimants were permitted to use the airport for ‘business aviation, flight training and private flying and other airport and aviation related uses’. They sought a declaration that by that clause they were entitled to permit scheduled and chartered services from the airport. The respondents contended that the clause permitted only flights by aircraft owned or chartered by a company and used for business purposes. A group of local residents applied to be joined as parties to the action claiming that as the proceedings had not been concluded by 2 October 2000, the date on which the Human Rights Act 1998 came into force, they were entitled to protect their rights to privacy under Article 8 of the Convention. They also argued it would be a breach of the court’s duty under section 6 of the Act to grant a declaration permitting scheduled services which would result in them being ‘victims’ within the meaning of section 7(1) of the Act.