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17 February 2011
Issue: 7453 / Categories: Legal News
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Human rights business

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

Laytons ETL—Maximilian Kraitt

Laytons ETL—Maximilian Kraitt

Commercial firm strengthens real estate disputes team with associate hire

Switalskis—three appointments

Switalskis—three appointments

Firm appoints three directors to board

Browne Jacobson—seven promotions

Browne Jacobson—seven promotions

Six promoted to partner and one to legal director across UK and Ireland offices

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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