Loading presentation...

Present Remotely

Send the link below via email or IM

Copy

Present to your audience

Start remote presentation

  • Invited audience members will follow you as you navigate and present
  • People invited to a presentation do not need a Prezi account
  • This link expires 10 minutes after you close the presentation
  • A maximum of 30 users can follow your presentation
  • Learn more about this feature in our knowledge base article

Do you really want to delete this prezi?

Neither you, nor the coeditors you shared it with will be able to recover it again.

DeleteCancel

Make your likes visible on Facebook?

Connect your Facebook account to Prezi and let your likes appear on your timeline.
You can change this under Settings & Account at any time.

No, thanks

Tort Law and Human Rights

No description
by

Ciara Hackett

on 11 November 2013

Comments (0)

Please log in to add your comment.

Report abuse

Transcript of Tort Law and Human Rights

Tort Law and Human Rights
Introduction
Aim: Relationship between Tort and Human Rights Act.

HOW?
• What is the design of the Human Rights Act?

• What areas of tort law have already been affected by the Act?

• What are the limits to the courts’ use of the Act?


What is the Design of the Human Rights Act?

Relationship with the ECHR?
Convention Articles most relevant in Tort
Overlap with Protections in Tort
Section 6 - public authorities
Public Authorities?
Impact = Vertical and Horizontal

Areas of Impact in Tort Law
Tort of false imprisonment and Art. 5 ECHR
Limits to the Act
Role of the court has generated controversy
V
E
R
T
I
C
A
L
HORIZONTAL
?
Cases interpreting Public Authority
YL v Birmingham City Council
[2007] UKHL 27
**Function more important than authority**
Marcic v Thames Water Utilities
[2003] UKHL 66
If liable? Remedy!
Difference with Tort
Austin v UK and Others [2012] ECHR 459
Negligence, Public Authorities and Art. 2
NHS
Savage v South Essex Partnership NHS [2008] UKHL 74
Councils
Mitchell v Glasgow City Council [2009] UKHL 11
Police
Van Colle v Chief Constable of Hertfordshire Police [2008] UKHL 50
Defamation and Privacy (Art. 8
and Art. 10)
Mosley v News Group Newspapers [2008] EMLR
Courts should always be cautious
HRA is very open ended
Implications?
Full transcript