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Value of human rights

14 March 2013
Issue: 7552 / Categories: Legal News
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Rise in use of human rights legislation in commercial disputes

Businesses are increasingly using human rights legislation to win commercial disputes.

The number of reported cases where businesses used the Human Rights Act to bolster their argument rose by 15% last year, from 39 cases in 2011 to 45 cases in 2012, according to figures provided by Sweet & Maxwell.

In one, private providers of residential care services argued local authority cuts to fees prevented them from protecting residents’ right to dignity. In another, film production companies took a mobile phone provider to court to force it to disclose details of customers accused of illegal file-sharing, as this breached their right to property.

Since 2009, the use of the Act in commercial litigation has more than doubled. The Act is also often cited in tax cases brought against HMRC.

Tom Hickman, barrister at Blackstone Chambers, says the Act could be used as an important procedural tool in a case, as well as to protect against interference with company property. “For example, the right to a fair trial can reinforce a business’ request to have a regulatory decision re-examined and influence the way a case is conducted,” he said.

“The right to a fair trial is also generating a lot of litigation around the relationship between commercial proceedings in this country and fair trial rights abroad.”

Issue: 7552 / Categories: Legal News
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MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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