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Tort Law and Human Rights
Transcript of Tort Law and Human Rights
Aim: Relationship between Tort and Human Rights Act.
• 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
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
Cases interpreting Public Authority
YL v Birmingham City Council
 UKHL 27
**Function more important than authority**
Marcic v Thames Water Utilities
 UKHL 66
If liable? Remedy!
Difference with Tort
Austin v UK and Others  ECHR 459
Negligence, Public Authorities and Art. 2
Savage v South Essex Partnership NHS  UKHL 74
Mitchell v Glasgow City Council  UKHL 11
Van Colle v Chief Constable of Hertfordshire Police  UKHL 50
Defamation and Privacy (Art. 8
and Art. 10)
Mosley v News Group Newspapers  EMLR
Courts should always be cautious
HRA is very open ended