Human rights

The Human Rights Act 1998 (HRA 1998) was introduced to give domestic effect to the European Convention on Human Rights (ECHR), making the Convention rights enforceable in domestic law.

The ECHR is an international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it only became binding in UK law with the introduction of HRA 1998.

Convention rights

The ECHR sets out the rights and freedoms which the parties are required to respect:

  1. Article 2—right to life

  2. Article 3—prohibition of torture

  3. Article 4—prohibition of slavery and forced labour

  4. Article 5—right to liberty and security

  5. Article 6—right to a fair trial

  6. Article 7—no punishment without law

  7. Article 8—right to respect for private and family life

  8. Article 9—freedom of thought, conscience and religion

  9. Article 10—freedom of expression

  10. Article 11—freedom of association

  11. Article 12—right to marry

  12. Article 14—prohibition from discrimination

  13. Article 16—restriction on political activities of aliens

  14. Article 17—prohibition of abuse of rights

  15. Article 18—limitation on use of restrictions on rights

  16. First Protocol: Article 1—protection of property

  17. First

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When time is critical—the balance of convenience (International SOS Assistance UK Ltd v Secretary of State for Defence)

Public Law analysis: This case concerns a successful application submitted by the contracting authority under regulation 96 of the Public Contracts Regulations 2015 (PCR 2015), SI 2015/102, to lift the automatic suspension imposed by regulation 95(1), alongside the refusal of a request for an expedited trial by International SOS Assistance UK Ltd (the claimant). The judgment highlights the court’s careful consideration of urgency surrounding the implementation of new arrangements, in this case, the provision of medical services to military personnel overseas. The case provides useful clarification on the factors considered when determining whether to lift an automatic suspension. It highlights the court’s approach in weighing the potential advantages to the contracting authority of lifting the suspension against the interests of the claimant and the wider public in maintaining it, particularly where lifting the suspension could enable the award of a contract offering additional benefits beyond those currently in place. The judgment places a spotlight on the inherent difficulties in assessing damages, noting that such calculations require consideration of complex and uncertain hypothetical scenarios. As a result, the court concluded that damages could not be regarded as an adequate remedy for either the claimant or the contracting authority in this case. Considering then the balance of convenience, Mr Justice Eyre determined that the public interest in implementing the new arrangements promptly, particularly given consideration to the operational readiness and national security concerns, outweighed the claimant’s risk of uncompensated loss, such that the suspension was lifted and the request for expedition refused. Written by Sam Pringle, senior associate and Charlotte Jones, trainee solicitor at DWF Law LLP.

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