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11 March 2010 / Rowan Pennington-Benton , Eddie Craven
Issue: 7408 / Categories: Features , Public , Human rights
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When Strasbourg speaks

Eddie Craven & Rowan Pennington-Benton examine the judicial pecking order

UK courts are required to “take into account” Strasbourg jurisprudence under s 2(1) of the Human Rights Act 1998 (HRA 1998). In R (Alconbury Developments Ltd) v Secretary of State for the Environment [2001] UKHL 23, [2001] All ER (D) 116 (May) Lord Slynn famously held that UK courts should “in the absence of some special circumstances, follow any clear and consistent jurisprudence of the ECtHR” [20]. The possibility of declining to follow Strasbourg case law has been consistently and expressly preserved in successive judgments. In practice however the courts have been extremely reluctant to exercise that right, leading some – including judges – to start talking the language of binding precedent.

Professor Jane Wright suggests that this practice is justified given that the ECtHR does not lay down exacting rules, but instead “embodies very general principles which have to be mediated into national legal cultures” (Public Law (2009), Jul, 595–616). Recent case law disputes this account. One notable example is A

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MOVERS & SHAKERS

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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