Kaplan, R (on the application of) v Appeal Adjudicator, Enemy Property Claims Assessment Panel & Anor

Kaplan, R (on the application of) v Appeal Adjudicator, Enemy Property Claims Assessment Panel & Anor

The claim fails because the claimants did not suffer 'Nazi persecution' as required by the Enemy Property Payments Scheme, previous payments under the Baltic States Scheme settled the claims in full without uplift or interest, and the confiscation under the Trading with the Enemy Act 1939 cannot be impugned by the ECHR or Human Rights Act 1998.

Parties
Claimant: Jacob Kaplan; 1st Defendant: Appeal Adjudicator, Enemy Property Claims Assessment Panel; 2nd Defendant: Department of Trade and Industry
Jurisdiction
England and Wales
Judgment Date
15 March 2004
Procedural Posture
Judicial Review / Final Judgment and Application for Permission to Appeal
Outcome
Application dismissed; permission to appeal refused.
Legal Topics
Enemy Property, Compensation Schemes, Nazi Persecution, ECHR Article 1 Protocol 1, Judicial Review
Public Law Property Law Human Rights Enemy Property Compensation Schemes Nazi Persecution ECHR Article 1 Protocol 1 Judicial Review

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Parties

Jacob Kaplan

Claimant

Appeal Adjudicator, Enemy Property Claims Assessment Panel

1st Defendant

Department of Trade and Industry

2nd Defendant

Procedural Posture

Judicial Review / Final Judgment and Application for Permission to Appeal

Legal Issues

  1. 1 Whether the claimants are entitled to compensation or uplift for confiscated property under the Baltic States Scheme and Enemy Property Payments Scheme
  2. 2 Whether the claimants suffered 'Nazi persecution' as required by the EPPS
  3. 3 Whether previous payments settled the claims 'in full'

Ratio Decidendi

The claim fails because the claimants did not suffer 'Nazi persecution' as required by the Enemy Property Payments Scheme, previous payments under the Baltic States Scheme settled the claims in full without uplift or interest, and the confiscation under the Trading with the Enemy Act 1939 cannot be impugned by the ECHR or Human Rights Act 1998.

Court Disposition

Application dismissed; permission to appeal refused.

Orders

  • Application for judicial review dismissed.
  • Permission to appeal refused.