header-logo header-logo

Human Rights Act: Aspirations, enforcement & remedies

03 October 2025 / Alistair Mills
Issue: 8133 / Categories: Features , Human rights , EU , Constitutional law , Judicial review
printer mail-detail
231391
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

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Hamlins—Maddox Legal

Hamlins—Maddox Legal

London firm announces acquisition of corporate team

Ward Hadaway—Nik Tunley

Ward Hadaway—Nik Tunley

Head of corporate appointed following Teesside merger

Taylor Rose—Russell Jarvis

Taylor Rose—Russell Jarvis

Firm expands into banking and finance sector with newly appointed head of banking

NEWS
Mazur v Charles Russell Speechlys LLP [2025] EWHC 2341 (KB) continues to stir controversy across civil litigation, according to NLJ columnist Professor Dominic Regan of City Law School—AKA ‘The insider’
SRA v Goodwin is a rare disciplinary decision where a solicitor found to have acted dishonestly avoided being struck off, says Clare Hughes-Williams of DAC Beachcroft in this week's NLJ. The Solicitors Disciplinary Tribunal (SDT) imposed a 12-month suspension instead, citing medical evidence and the absence of harm to clients
In their latest Family Law Brief for NLJ, Ellie Hampson-Jones and Carla Ditz of Stewarts review three key family law rulings, including the latest instalment in the long-running saga of Potanin v Potanina
The Asian International Arbitration Centre’s sweeping reforms through its AIAC Suite of Rules 2026, unveiled at Asia ADR Week, are under examination in this week's NLJ by John (Ching Jack) Choi of Gresham Legal
In this week's issue of NLJ, Yasseen Gailani and Alexander Martin of Quinn Emanuel report on the High Court’s decision in Skatteforvaltningen (SKAT) v Solo Capital Partners LLP & Ors [2025], where Denmark’s tax authority failed to recover £1.4bn in disputed dividend tax refunds
back-to-top-scroll