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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

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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