Rise in use of human rights legislation in commercial disputes
Businesses are increasingly using human rights legislation to win commercial disputes.
The number of reported cases where businesses used the Human Rights Act to bolster their argument rose by 15% last year, from 39 cases in 2011 to 45 cases in 2012, according to figures provided by Sweet & Maxwell.
In one, private providers of residential care services argued local authority cuts to fees prevented them from protecting residents’ right to dignity. In another, film production companies took a mobile phone provider to court to force it to disclose details of customers accused of illegal file-sharing, as this breached their right to property.
Since 2009, the use of the Act in commercial litigation has more than doubled. The Act is also often cited in tax cases brought against HMRC.
Tom Hickman, barrister at Blackstone Chambers, says the Act could be used as an important procedural tool in a case, as well as to protect against interference with company property. “For example, the right to a fair trial can reinforce a business’ request to have a regulatory decision re-examined and influence the way a case is conducted,” he said.
“The right to a fair trial is also generating a lot of litigation around the relationship between commercial proceedings in this country and fair trial rights abroad.”
