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10 December 2009 / David Lock
Issue: 7397 / Categories: Features , Public , Human rights
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Unconventional?

David Lock examines Human Rights Act claims & the doctrine of precedent

Every law student learns how the theory of precedent works in practice. Statute law has supreme authority, but after that the House of Lords, or now the Supreme Court, binds the Court of Appeal; the Court of Appeal binds the High Court.

Precedent is ageless. It does not matter how long ago the Court of Appeal pronounced on a matter; no High Court judge can overturn that decision until it is distinguished by another Court of Appeal or overturned by the Supreme Court. But what happens if a lower court has to wrestle with a Human Rights Act 1998 point which has not been raised in previous cases?

Public bodies

The Human Rights Act 1998 (HRA 1998) s 6 provides that all public bodies are required to comply with the European Convention on Human Rights (the Convention). Judges are public bodies for these purposes. Hence judges are required by an Act of Parliament to produce judgments which comply with the Convention. If there

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MOVERS & SHAKERS

Walkers—Muriel Marseille

Walkers—Muriel Marseille

Ashurst's Chief Risk Officer joins Walkers

Excello Law—John Osborne

Excello Law—John Osborne

Northern family lawyer John Osborne joins Excello

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

mfg Solicitors—Rebecca Rogers, Kennedy Langley & Victoria Griffiths

Trio of promotions announced at Kidderminster law firm mfg Solicitors

NEWS
A sole director can conspire with their own company for the purposes of the tort of unlawful means conspiracy, the High Court has ruled in a judgment with potentially wide implications for business disputes
The Court of Appeal has reinforced that domicile depends on intention rather than residence alone, in a significant post-Brexit ruling on cross-border financial remedy claims
The Chancery Division's long history comes to an end this autumn as it is reborn as the Business and Property Division, prompting questions over whether the shake-up is really necessary
The Financial Conduct Authority (FCA) continues to show that failing to disclose regulatory issues can attract harsher consequences than the original misconduct itself
Rejecting a generous settlement can prove an expensive mistake, as two recent high-profile cases demonstrate
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