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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

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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