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The Ministry of Justice has today released a consultation paper outlining proposals for reform of the Human Rights Act 1998. Reform has been anticipated for many years, having been brought to the forefront of public attention upon the release of the Government’s 2019 manifesto. The consultation paper proposes an ‘overhaul‘ of the Act in order … Read more
The High Court has found that positive operational duties under the Human Rights Act 1998 (“HRA“) were triggered by the failure of the Environment Agency (“EA”) to address recommendations in a health risk assessment by Public Health England (“PHE“) regarding the operation of a landfill site which operates under an EA permit (R (on the … Read more
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
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
