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Tort Law and Human Rights

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Ciara Hackett

on 14 September 2017

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Transcript of Tort Law and Human Rights

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
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
[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
Savage v South Essex Partnership NHS [2008] UKHL 74
Mitchell v Glasgow City Council [2009] UKHL 11
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
Recent Development: Michael v Chief Constable of South Wales Police [2015] UKSC 2
Full transcript