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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

Withers—Sophie Barrett-Brown

Withers—Sophie Barrett-Brown

Withers drives further growth in its UK immigration team with new partner Sophie Barrett-Brown

Venus Legal—Esther Amoako

Venus Legal—Esther Amoako

Venus Legal invests in next generation of legal talent as specialist litigation practice grows

Fisher Phillips—Catrina Smith

Fisher Phillips—Catrina Smith

Fisher Phillips continues momentum in London with arrival of Catrina Smith

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
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