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03 October 2025 / Alistair Mills
Issue: 8133 / Categories: Features , Human rights , EU , Constitutional law , Judicial review
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Human Rights Act: Aspirations, enforcement & remedies

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Twenty five years after coming into force, the Human Rights Act has embedded itself in UK law, strengthening rights without unsettling the constitution, writes Alistair Mills

  • Considers the methods used in the Human Rights Act 1998 to secure the protection of rights.
  • Notes that the Act largely uses existing and recognised legal techniques, easing the adoption of human rights standards.

In the run-up to the passing of the Human Rights Act 1998, some saw a codified set of rights as something foreign to the common law method—and all the more foreign when it came from an instrument entitled the European Convention on Human Rights (ECHR). On this conception, the Act acted like an organ transplant, importing something from the outside into domestic law.

There are reasons to doubt the appropriateness of this metaphor. There were important ways in which the ECHR reflected the principles of the common law, and was therefore not foreign to the UK’s legal system. Further, technically, the Human Rights

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

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NEWS
The Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
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