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Human rights business

17 February 2011
Issue: 7453 / Categories: Legal News
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Businesses are increasingly turning to the Human Rights Act to assert their commercial interests.

In reported court cases alone last year, 31 businesses used the Act, compared with 19 in the previous year, according to research by Sweet & Maxwell.

A larger number of human rights cases are also being settled or abandoned before reaching court. Examples in the last year include businesses using privacy arguments to prevent the media from running stories that might damage their corporate reputation, and a business trying to overturn an arbitration decision on the basis it deprived them of their right to a fair hearing.

Human rights are also a valuable asset in legal argument against HM Revenue & Customs—six per cent of reported tax cases refer to the Human Rights Act.

Stephen Grosz, partner at Bindmans LLP, says: “Since the legislation was passed, there have been a substantial number of legal disputes in which Human Rights Act arguments are made. But initial fears that it would be a `Rogues’ Charter’, which would open the floodgates to waves of spurious challenges, have proved to be exaggerated. The Act has been very important in helping a large number of individuals protect their interests.”

Issue: 7453 / Categories: Legal News
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MOVERS & SHAKERS

Carey Olsen—Kim Paiva

Carey Olsen—Kim Paiva

Group partner joins Guernsey banking and finance practice

Morgan Lewis—Kat Gibson

Morgan Lewis—Kat Gibson

London labour and employment team announces partner hire

Foot Anstey McKees—Chris Milligan & Michael Kelly

Foot Anstey McKees—Chris Milligan & Michael Kelly

Double partner appointment marks Belfast expansion

NEWS
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The Ministry of Justice (MoJ) has not done enough to protect the future sustainability of the legal aid market, MPs have warned
Writing in NLJ this week, NLJ columnist Dominic Regan surveys a landscape marked by leapfrog appeals, costs skirmishes and notable retirements. With an appeal in Mazur due to be heard next month, Regan notes that uncertainties remain over who will intervene, and hopes for the involvement of the Lady Chief Justice and the Master of the Rolls in deciding the all-important outcome
After the Southport murders and the misinformation that followed, contempt of court law has come under intense scrutiny. In this week's NLJ, Lawrence McNamara and Lauren Schaefer of the Law Commission unpack proposals aimed at restoring clarity without sacrificing fair trial rights
The latest Home Office figures confirm that stop and search remains both controversial and diminished. Writing in NLJ this week, Neil Parpworth of De Montfort University analyses data showing historically low use of s 1 PACE powers, with drugs searches dominating what remains
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