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The Impact of the UK Human Rights Act on Private Law
About This Book
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.
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Table of contents
- Cover
- THE IMPACT OF THE UK HUMAN RIGHTS ACT ON PRIVATE LAW
- Title
- Copyright
- CONTENTS
- CONTRIBUTORS
- FOREWORD
- PREFACE
- ACKNOWLEDGEMENTS
- TABLE OF CASES
- TABLE OF STATUTES
- TABLE OF STATUTORY INSTRUMENTS
- TABLE OF EUROPEAN UNION LEGISLATION
- ABBREVIATIONS
- 1 Introduction
- 2 Mapping horizontal effect
- 3 Public authorities: what is a hybrid public authority under the HRA?
- 4 Statute law: interpretation and declarations of incompatibility
- 5 Precedent
- 6 Tort design and human rights thinking
- 7 Privacy: the development of breach of confidence â the clearest case of horizontal effect?
- 8 Nuisance
- 9 Defamation
- 10 Discrimination law
- 11 Damages: private law and the HRA â never the twain shall meet?
- 12 Property and housing
- 13 Commercial law
- 14 Restitution
- 15 Insolvency
- 16 Employment law
- 17 Civil procedure: Article 6 â a welcome boost to the development of English procedural law?
- 18 Conclusions
- INDEX