Court of Appeal and High Court consider property rights under the Human Rights Act

Two recent judgments have demonstrated the utility of the right to property under Article 1 of the First Protocol of the European Convention on Human Rights (“A1P1”) for companies and the scope for challenges where public decisions have interfered with private contracts. A1P1 is incorporated into English law by way of the Human Rights Act … Read more

Independent Human Rights Act Review launches a public call for evidence

On 13 January 2021, the Independent Human Rights Act Review (the “IHRAR“) published a call for evidence. The IHRAR is a panel of experts appointed by the Government to consider whether there is a need to reform the Human Rights Act (“HRA“) “to ensure it continues to meet the needs of the society it serves”. … Read more

Government launches independent review of the Human Rights Act 1998

The Government has announced that a panel of experts led by former Court of Appeal Judge, Sir Peter Gross, will conduct an Independent Human Rights Act Review (the “IHRAR”). The Human Rights Act 1998 (the “HRA”) incorporates the fundamental rights and freedoms set out in the European Convention on Human Rights (the “Convention”) into domestic … Read more

COVID-19 Pressure Points: The Right to Property

The current pandemic has led to an extraordinary level of state action. In many cases this has involved interference with the private rights of businesses and individuals. While states are undoubtedly seeking to balance health and economic concerns of the utmost importance, their actions nevertheless must comply with rules of domestic and international law. In … Read more

High Court finds that the suspension of pension benefits breaches the Human Rights Act

In R (on the application of British Medical Association) v Secretary of State for Health and Social Care [2020] EWHC 64 (Admin) the British Medical Association (the “Claimant”), a trade union and professional body for doctors, successfully challenged the National Health Service Pension Schemes, Additional Voluntary Contributions and Injury Benefits (Amendment) Regulations 2019 (the “Regulations”). … Read more

Labour’s plans for energy and medicines – public law analysis

We have published two papers which consider the impact of the Labour Party’s recently announced policies on two heavily regulated sectors, namely the energy and pharmaceutical industries. The policies proposed in relation to both sectors, which are similar to those now also proposed in other industries (such as the water industry and in relation to … Read more

Practice head receives award for pro bono contribution

The public law team is delighted that Andrew Lidbetter, practice head, has won the Best Contribution by an Individual Award at the LawWorks Annual Pro Bono Awards 2019. This category considers pro bono lawyers as well as senior partners who have championed pro bono legal work in a firm. The award was presented by the … Read more