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What's in a name? The case for protecting the reputation of businesses under Article 1 Protocol 1 of the European Convention on Human Rights

Coe, P. and Brown, J. (2020) What's in a name? The case for protecting the reputation of businesses under Article 1 Protocol 1 of the European Convention on Human Rights. Journal of European Tort Law, 10 (3). pp. 286-315. ISSN 1868-9612

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To link to this item DOI: 10.1515/jetl-2019-0123

Abstract/Summary

This article approaches corporate reputation from an English law perspective. It argues that corporate reputation is at least as important as individual reputation, as it is not only vital for the health and prosperity of businesses themselves (whether large or small), but also for the communities within which they operate. Following analysis of conflicting jurisprudence from the European Court of Human Rights, which has led to a lack of clarity within English law, this paper contends that business reputation should be subsumed within the concept of property. Such an approach would then enable businesses to avail themselves of a positive right to the protection of reputation, as property, under Article 1 Protocol 1 of the European Convention of Human Rights.

Item Type:Article
Refereed:Yes
Divisions:Faculty of Arts, Humanities and Social Science > School of Law
ID Code:86811
Publisher:De Gruyter

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