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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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Should a conviction stand when a later ruling reveals that the law underpinning it was wrong? The answer exposes a clash between finality and justice
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
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