Download e-book for kindle: The Impact of the UK Human Rights Act on Private Law by David Hoffman

By David Hoffman

The Human Rights Act 1998 has had a profound influence in several inner most legislations judgements and has been the topic of intensive educational debate, particularly at the factor of the level to which it has horizontal influence and its program in disputes among contributors. With contributions from numerous lecturers and practitioners, this quantity covers and contributes to the educational debate on horizontal impact and considers how idea suits up with case legislation; the bounds of the Act for personal legislations; and its influence on key components together with privateness, defamation, negligence, nuisance, estate, advertisement legislations and employment. jointly, the ebook presents a realistic critique of the components mentioned, in an effort to be of educational curiosity to theorists and of sensible profit to attorneys and judges who desire to know the way the tutorial debates may be delivered to endure particularly situations.

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2 Mapping horizontal effect alison l. young There is a wide variety of possible models of horizontal effect of Convention rights following the enactment of the HRA. This diversity stems, in part, from a lack of clear legislative guidance. The primary, although by no means the sole, source of horizontal effect is found in sections 6(1) and 6(3)(a) of the HRA. Section 6(1) provides that: ‘It is unlawful for a public authority to act in a way which is incompatible with a Convention right’. Section 6(3)(a) states: ‘In this section public authority includes a court or tribunal’.

Greece (1994) 19 EHRR 293 322 Star Sea, The [2001] UKHL 1, [2003] 1 AC 469 318, 319 Starrs v. Ruxton [2000] UKHRR 78 361 Stedman v. United Kingdom (1997) 23 EHRR CD 168 212, 213 Steel & Morris v. United Kingdom (2005) 41 EHRR 22 366, 367 xxxii table of cases Stichting Voor Educatie en Berosepsonderwijs Zadkine v. Netherlands (2010) 50 EHRR SE2 323, 328, 333 Stokes v. Brent LBC [2009] EWHC 1426 263 Storck v. Germany (2006) 43 EHRR 6 57 Stovin v. Wise [1996] AC 923 130 Stretch v. United Kingdom (2003), The Times, 3 July 322 Stretford v.

20 317 Matrimonial Causes Act 1973 s. 11 78 Mental Health Act 1983 s. 26 75 Mental Health Act 2007 75 Misrepresentation Act 1967 s. 1 317 s. 2 317 Northern Ireland Act 1998 s. 6 328 Occupiers Liability Act 1957 113 Occupiers Liability Act 1984 113 Protection from Harassment Act 1997 247 Public Interest Disclosure Act 1998 349 Race Relations Act 1976 210 Rent Act 1977 208 Schedule 1(2), para. 2(2) 18, 68, 71, 72, 78 Representation of the People Act 1983 s. 3 75 Sale of Goods Act 1893 316 Sale of Goods Act 1979 s.

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