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.
David Hoffman is a practising barrister in the fields of chancery and commercial law. He is a co-author of the student textbook Human Rights in the UK and is a former law lecturer at Somerville College, Oxford.
1. Introduction David Hoffman, Gavin Phillipson and Alison Young; 2. Mapping horizontal effect Alison Young; 3. Public authorities Alex Williams; 4. Statute law Jan van Zyl Smit; 5. Precedent Alison Young; 6. Tort design Rod Bagshaw; 7. Privacy Gavin Phillipson; 8. Nuisance Donal Nolan; 9. Defamation Ken Oliphant; 10. Discrimination Hazel Oliver; 11. Damages Jason Varuhas; 12. Property and housing Amy Goymour; 13. Commercial law Frank Rose; 14. Restitution David Hoffman; 15. Insolvency Chris MacNall; 16. Employment Hazel Oliver; 17. Civil procedure John Sorabji; 18. Conclusion David Hoffman.