The following Public Law practice note produced in partnership with Alexander Campbell of Field Court Chambers and Eric Metcalfe of Monckton Chambers provides comprehensive and up to date legal information covering:
Any UK court or tribunal faced with an issue involving a Convention right is required to 'take into account' any judgment or decision of the European Court of Human Rights. In practice, however, the established approach of the UK courts has been to treat final judgments of the Strasbourg Court as binding unless there is some good reason not to. This Practice Note therefore sets out the key principles concerning the status of Strasbourg case law in UK courts.
The UK was the first country to ratify the European Convention on Human Rights (the Convention) in March 1951.
Until the enactment of Human Rights Act 1998 (HRA 1998), however, UK courts had no power to give effect to Convention rights because the Convention had not been incorporated into UK law. See: R v Secretary of State for the Home Department ex parte Brind.
UK courts nonetheless had regard to judgments of the Strasbourg Court before the enactment of HRA 1998. See: Derbyshire County Council v Times Newspapers.
The purpose of HRA 1998 was to enable UK courts to give effect to Convention rights in the first instance, rather than require individuals to complain to Strasbourg. An additional benefit of HRA 1998 was that it would enable UK courts to contribute to the development of the jurisprudence of the Strasbourg
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Commercial Property Standard Enquiries (CPSEs) are industry standard pre-contract enquiries used in commercial property transactions. CPSEs are endorsed by the British Property Federation and are free to use. The CPSEs include specific environmental enquiries at enquiry 15 and there are several
When transferring an interest in land, any fixtures form part of the land and are transferred with it, unless there is express provision to the contrary. Fittings (also known as chattels) do not form part of the land and will not be included unless it has been expressly agreed otherwise. Difficulty
Commercial Property Standard EnquiriesThe Commercial Property Standard Enquiries (CPSE) have become the industry standard pre-contract enquiries for commercial property transactions:•CPSE.1 (version 3.8) General pre-contract enquiries for all commercial property transactions•CPSE.2 (version 3.4)
False imprisonmentLiabilityFalse imprisonment consists of the complete deprivation of liberty without a lawful basis. Claims will in practice be made against a public body that exercises detention powers, usually a local police force, the Secretary of State for the Home Department or the Secretary
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