| Commentary

2 Human Rights Act 1998

| Commentary

2 Human Rights Act 1998

The Human Rights Act 1998 applies to insolvency in the same way as it applies to other areas of the law. The 1998 Act imposes an obligation on the courts to construe legislation consistently with the European Convention on Human Rights ‘so far as it is possible to do so’1 and imposes on public authorities an obligation to act consistently with the Convention unless primary legislation compels them to act otherwise2. A public authority includes a court or tribunal and any person exercising functions of a public nature and would, therefore, include an office holder

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