header-logo header-logo

NLJ this week: Human Rights Act proves a healthy ‘transplant’ after 25 years

03 October 2025
Issue: 8133 / Categories: Legal News , Human rights , EU , Constitutional law , Judicial review
printer mail-detail
231391
Alistair Mills of Landmark Chambers reflects on the Human Rights Act 1998 a quarter-century after it came into force, in this week's issue of NLJ

Initially criticised as an alien ‘transplant’ from Strasbourg law, the Act has in fact embedded itself within the UK’s constitutional framework, he argues. Rather than unsettling parliamentary sovereignty, it has strengthened scrutiny through ministerial compatibility statements, judicial review of secondary legislation and declarations of incompatibility. Courts have used s 3 interpretation powers robustly, ensuring statutes are read compatibly with rights ‘so far as possible’, while remedies under s 6 and s 8 fit broadly within established domestic frameworks.

Mills notes the Act’s impact has been profound yet legally orthodox, with tensions largely political rather than legal. The Human Rights Act, he concludes, has not upset the constitutional order but has bolstered rights protection and shifted debate towards whether the UK should remain within the ECHR.

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