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.Glimmers of a more enlightened view can be seen in the Insolvency Service, which recognises, in its Technical Manual, 39 that Article 8 might be substantively engaged when the court is considering sections 335Aa337 of the 1986 Act, andanbsp;...
|Title||:||The Impact of the UK Human Rights Act on Private Law|
|Publisher||:||Cambridge University Press - 2011-10-13|