Title: The impact of the UK Human Rights Act on private law /
Authors: Hoffman, David, 1971-
Publisher: Cambridge University Press,
Year: 2011
Subjects: Great Britain.; Human rights England.; Civil law England.
Abstract: "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"--
Contents: Introduction / David Hoffman, Gavin Phillipson and Alison L. Young -- Mapping horizontal effect / Alison L. Young -- Public authorities / Alexander Williams -- Statute law / Jan van Zyl Smit -- Precedent / Alison L. Young -- Tort design and human rights thinking / Roderick Bagshaw -- Privacy / Gavin Phillipson -- Nuisance / Donal Nolan -- Defamation / Ken Oliphant -- Discrimination law / Hazel Oliver -- Damages / Jason N.E. Varuhas -- Property and housing / Amy Goymour -- Commercial law / Francis Rose -- Restitution / David Hoffman -- Insolvency / Christopher McNall -- Employment law / Hazel Oliver -- Civil procedure / John Sorabji -- Conclusions / David Hoffman.