The impact of the European Convention on Human Rights on public and criminal law has been well documented. The common law will be equally revolutionised by the Convention,yet its future is uncharted. This collection of papers, the product of two seminars held jointly with 1 Crown Office Row and the human rights group Justice, offers some navigational aids to those confronted with these deep waters. It contains analyses of current law and predictions for the future from practitioners and experts in a range of common law fields, including clinical negligence, medical law, environmental law, mental health and defamation. In addition to these specific areas, these chapters also explore the relationship between the ECHR principles of proportionality and margin of appreciation and the traditional way of resolving common law disputes. The book also includes a detailed - and controversial - scrutiny of the compatibility of the legal aid and costs proposals with the procedural right to a fair trial guaranteed by the Convention.
CONTENTS 1 INTRODUCTION William Edis 2 THE CONVENTION AND THE HUMAN RIGHTS ACT: A NEW WAY OF THINKING Philip Havers QC and Neil Garnham 3 COSTS, CONDITIONAL FEES AND LEGAL AID Guy Mansfield QC 4 HORIZONTALITY: THE APPLICATION OF HUMAN RIGHTS STANDARDS IN PRIVATE DISPUTES Jonathan Cooper 5 REMEDIES Rosalind English 6 GENERAL COMMON LAW CLAIMS AND THE HUMAN RIGHTS ACT Richard Booth 7 BRINGING AND DEFENDING A CONVENTION CLAIM IN DOMESTIC LAW: A PRACTICAL EXERCISE Philippa Whipple 8 THE IMPACT OF THE CONVENTION ON MEDICAL LAW Philip Havers QC and Neil Sheldon 9 CLINICAL NEGLIGENCE AND PERSONAL INJURY LITIGATION Robert Owen QC, Sarah Lambert and Caroline Neenan 10 ENVIRONMENTAL RIGHTS David Hart 11 CONFIDENTIALITY AND DEFAMATION Rosalind English 12 MENTAL HEALTH Jeremy Hyam 13 BIBLIOGRAPHY AND GUIDE TO Sources Owain Thomas
Rosalind English is Associate Tenant of One Crown Office Row and Legal Director of 2Ends legal training. is Reader in Law at University College London Rosalind English is Associate Tenant of One Crown Office Row and Legal Director of 2Ends legal training. Dr. iur (Hamburg)
IPart 1 Introduction, William Edis. Part 2 The convention and the Human Rights Act - a new way of thinking, Philip Havers QC and Neil Garnham: the mechanics of incorporation; the impact of incorporation; conclusion. Part 3 Costs, conditional fees and legal aid, Guy Mansfield QC: introduction; Article 6 - the right to a fair hearing; the right to legal aid in civil cases; conditional fee or speculative fee agreements - relationship with legal aid; the high cost of proceedings; costs; Article 5 - the right to liberty; conclusion. Part 4 Horizontality - the application of human rights standards in private disputes, Jonathan Cooper: introduction; defining the terms; vertical application of human rights standards - state actors; horizontal application of human rights standards - non-state actors; applying the act to state actors; extening the scope of the act horizontally; the approach of the Strasbourg authorities; comparitive law; conclusion. Part 5 Remedies, Rosalind English: new remedies, Article 13; declarations of incompatibility; damages. Part 6 General common law claims and the Human Rights Act, Richard Booth: introduction; landlord and tenant; contract; trespass; unlawful interference with goods; economic torts; civil actions against the police; conclusion. Part 7 Bringing and defending a convention claim in domestic law - a practical exercise, Philippa Whipple: introduction. Part 8 The impact of the convention on medical law, Philip Havers QC and Neil Sheldon: introduction; prolonging life; enforced medical treatment; funding treatment; medical records; medical tribunals; inquests; right to found a family; aids. Part 9 Clinical negligence and personal injury litigation, Robert Owen QC and Sarah Lambert and Caroline Neenan: introduction; the relevant articles; practice and procedure in medical negligence and personal injury litigation; conclusion. Part 10 Environmental rights, David Hart: introduction; the victim requirement; substantive rights; procedural rights; conclusions and predictions. Part 11 Confidentiality and defamation, Rosalind English: confidentiality and the protection of privacy; confidentiality and privacy under Article 8; defamation and freedom of expression. Part 12 Mental health, Jeremy Hyam: introduction; the detention of patients; the detention of patients under the Mental Health Act; detention without treatment; emergency confinement and treatment; likely areas of challenge; capacity and consent; conclusions. Part 13 Bibliography and guide to sources, Owain Thomas: general textbooks and reference books; court reports; commission reports; other reports; other national and international jurisdictions; travaus preparatoires; journals; citations; precedent.