Owning & Operating a business may amount to private life under Article 8

The court of appeal recently considered the case of  Onwuje v Secretary of State for the Home Department [2018] EWCA Civ 331  under Article 8 and Underhill LJ accepted that “an entrepreneur’s ownership of, and involvement in, his or her business may also be regarded as an aspect of their private life for the purpose of article 8”, as stated in Niemietz v Germany (application no. 13710/88).

In Niemietz the European Court of Human Rights accepted that the concept of private life should not be limited to an “inner circle” but should include professional or business activities, “since it is, after all, in the course of their working lives that the majority of people have a significant, if not the greatest, opportunity of developing relationships with the outside world”.

Even though the appeal did not go through in this case, the comment is worth noting for future private life claims involving business aspect.

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