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14 March 2013
Issue: 7552 / Categories: Legal News
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Value of human rights

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
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Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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