Book contents
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Acknowledgements
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of European Union Legislation
- Abbreviations
- 1 Introduction
- 2 Mapping horizontal effect
- 3 Public authorities: what is a hybrid public authority under the HRA?
- 4 Statute law: interpretation and declarations of incompatibility
- 5 Precedent
- 6 Tort design and human rights thinking
- 7 Privacy: the development of breach of confidence – the clearest case of horizontal effect?
- 8 Nuisance
- 9 Defamation
- 10 Discrimination law
- 11 Damages: private law and the HRA – never the twain shall meet?
- 12 Property and housing
- 13 Commercial law
- 14 Restitution
- 15 Insolvency
- 16 Employment law
- 17 Civil procedure: Article 6 – a welcome boost to the development of English procedural law?
- 18 Conclusions
- Index
- References
18 - Conclusions
Published online by Cambridge University Press: 05 November 2011
- Frontmatter
- Contents
- Contributors
- Foreword
- Preface
- Acknowledgements
- Table of cases
- Table of statutes
- Table of statutory instruments
- Table of European Union Legislation
- Abbreviations
- 1 Introduction
- 2 Mapping horizontal effect
- 3 Public authorities: what is a hybrid public authority under the HRA?
- 4 Statute law: interpretation and declarations of incompatibility
- 5 Precedent
- 6 Tort design and human rights thinking
- 7 Privacy: the development of breach of confidence – the clearest case of horizontal effect?
- 8 Nuisance
- 9 Defamation
- 10 Discrimination law
- 11 Damages: private law and the HRA – never the twain shall meet?
- 12 Property and housing
- 13 Commercial law
- 14 Restitution
- 15 Insolvency
- 16 Employment law
- 17 Civil procedure: Article 6 – a welcome boost to the development of English procedural law?
- 18 Conclusions
- Index
- References
Summary
The HRA has clearly had an impact on private law, both directly and indirectly. Directly, in that there are now areas of the law that have been changed as a result of its enactment, both through statutory interpretation and through modification of the common law. Indirectly, in cases where the values underlying the Convention have had an impact, or at least had an effect on the way in which cases have been argued and determined, but which has fallen short of specific changes in the law.
Further, as most public authorities (whether defined generally or under the HRA) are sooner or later parties to litigation in respect of their own rights and obligations, this has led to consideration of the interaction between the Convention rights and the common law in a variety of areas. In addition, the courts themselves have had to take the Convention rights into consideration when exercising their own powers as to procedure and remedies.
- Type
- Chapter
- Information
- The Impact of the UK Human Rights Act on Private Law , pp. 379 - 381Publisher: Cambridge University PressPrint publication year: 2011