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14 March 2013
Issue: 7552 / Categories: Legal News
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Value of human rights

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.”

Issue: 7552 / Categories: Legal News
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MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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