The Impact of the UK Human Rights Act on Private Law

The Impact of the UK Human Rights Act on Private Law

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The Human Rights Act 1998 has had a profound effect in numerous private law decisions and has been the subject of extensive academic debate, in particular on the issue of the extent to which it has horizontal effect and its application in disputes between individuals. With contributions from a variety of academics and practitioners, this volume covers and contributes to the academic debate on horizontal effect and considers how theory matches up with case law; the limits of the Act for private law; and its impact on key areas including privacy, defamation, negligence, nuisance, property, commercial law and employment. Together, the book provides a practical critique of the areas discussed, which will be of academic interest to theorists and of practical benefit to lawyers and judges who wish to understand how the academic debates can be brought to bear in particular cases.show more

Product details

  • Electronic book text
  • CAMBRIDGE UNIVERSITY PRESS
  • Cambridge University Press (Virtual Publishing)
  • Cambridge, United Kingdom
  • 1139156748
  • 9781139156745

Table of contents

1. Introduction David Hoffman, Gavin Phillipson and Alison Young; 2. Mapping horizontal effect Alison Young; 3. Public authorities Alex Williams; 4. Statute law Jan van Zyl Smit; 5. Precedent Alison Young; 6. Tort design Rod Bagshaw; 7. Privacy Gavin Phillipson; 8. Nuisance Donal Nolan; 9. Defamation Ken Oliphant; 10. Discrimination Hazel Oliver; 11. Damages Jason Varuhas; 12. Property and housing Amy Goymour; 13. Commercial law Frank Rose; 14. Restitution David Hoffman; 15. Insolvency Chris MacNall; 16. Employment Hazel Oliver; 17. Civil procedure John Sorabji; 18. Conclusion David Hoffman.show more

Review quote

'The chief glory of [the book] lies in its 12 substantive chapters on specific aspects of private law ... David Hoffman gives himself three modest pages at the end to reflect on the book's contents, expressing the hope as he says 'that the discussion' in it 'can assist' in the effective reception of the HRA into private law ... He should be proud of what he has achieved here: a superb partnership between academics and practitioners, a volume very well presented by Cambridge - and an important contribution to legal understanding of the HRA.' Conor Gearty, Public Lawshow more