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03 October 2025
Issue: 8133 / Categories: Legal News , Human rights , EU , Constitutional law , Judicial review
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NLJ this week: Human Rights Act proves a healthy ‘transplant’ after 25 years

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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

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley—Jordan Wallace

Thomson Hayton Winkley strengthens family law team

Ward Hadaway—Barnaby Rosenthall

Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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