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GLOSSARY
The routing of international traffic via an intermediate third country.
PRACTICE NOTES
What is hull and machinery insurance? Hull and machinery (H&M) insurance is a form of insurance which covers the insured against the risk of physical damage to the vessel, her machinery and equipment caused by a peril of the seas or other specified perils while she is in the water. It interacts with protection and indemnity (P&I) insurance in the areas of collision liability and liability for contact damage to third-party property. In addition to basic H&M insurance, there are a number of sub-categories of insurance which can be taken out in order to protect the insured’s interest in the vessel as an asset, such as war risks, increased value (IV) and loss of hire (LOH). For more information concerning war risks insurance, see Practice Note: Marine war risks. The insured There may be more than one insured under an H&M policy. The insureds may be co-owners of the same vessel or the owner of the vessel and a mortgagee bank (in contrast to the situation in which the bank
NEWS
MLex: The Human Artistry Campaign announced the launch of an advocacy campaign on behalf of a broad cross-section of the American creative community to protest Big Tech's use of copyrighted works to build and power generative Artificial Intelligence (GenAI) platforms. 'Real innovation comes from the human motivation to change our lives', Human Artistry Campaign Senior Advisor Moiya McTier said. 'It moves opportunity forward while driving economic growth and creating jobs. But AI companies are endangering artists' careers while exploiting their practiced craft, using human art and other creative works without authorisation to amass billions in corporate earnings.'
GLOSSARY
Human Rights Act 1998 (HRA 1998): a UK Act of Parliament which gave effect to the European Convention on Human Rights (ECHR), containing all of its elements which are deemed to apply in UK law. Not all of the ECHR’s provisions are contained in the HRA 1998, which states that all UK courts much interpret all legislation in a manner which is compliant as far as possible with the ECHR.
PRACTICE NOTES
The Human Rights Act 1998 (HRA 1998) incorporates into English law the rights under the European Convention on Human Rights (ECHR). A claimant may be able to bring a claim under HRA 1998 against a public authority for a breach of their Convention rights under the ECHR. There are a number of circumstances in which the common law offers no remedy but a claim under HRA 1998 may be possible or where HRA 1998 adds to the available remedies for a claimant. See generally Practice Note: Personal injury claims under the Human Rights Act 1998. Article 8 (right to respect for private and family life) Article 8 of the ECHR has been one of the most influential Articles in the Convention and the right to respect for private life has scope for application in a number of contexts particularly in relation to medical treatment. One key aspect of protecting private life is the protection of physical and mental integrity, which encompasses issues of consent, capacity and
PRACTICE NOTES
The Human Rights Act 1998 (HRA 1998) incorporates into English law the rights under the European Convention on Human Rights (ECHR). A claimant may be able to pursue a claim under HRA 1998 against a public authority for a breach of their convention rights under the ECHR. There are a number of circumstances in which the common law offers no remedy but a claim under HRA 1998 may be possible, or where HRA 1998 adds to the available remedies for a claimant. It should be noted that where HRA 1998 does provide an additional remedy, the damages recovered are not set off against those obtained from a common law claim or vice versa. The position is the same where the claimant recovering damages in an HRA 1998 claim has also recovered compensation from the Criminal Injuries Compensation Authority (CICA). However, for guidance on the potential implications where there may be some overlap in the harm being compensated in a civil claim, a CICA claim and
NEWS
Public Law analysis: The following is a non-exhaustive update on the proposed reform of the Human Rights Act 1998 (HRA 1998). The Conservative Party pledged in its 2019 manifesto to ‘update the Human Rights Act and administrative law to ensure there is a proper balance between the rights of individuals, our vital national security and effective government’. To that end the government established an Independent Human Rights Act Review (IHRAR), chaired by Sir Peter Gross. Sir Jonathan Jones QC, senior consultant at Linklaters, comments on the IHRAR report and the subsequent proposals announced by the government on 14 December 2021.
NEWS
The Joint Committee on Human Rights has launched a new inquiry to assess human rights protections within England’s social care system for children.  The inquiry will focus on the 84,000 children in local authority care while assessing compliance with the European Convention on Human Rights, including rights to family life, liberty, and a fair trial.
NEWS
Human Rights Watch has published a statement raising concerns about the UK government’s plan to use artificial intelligence (AI) facial recognition technology to assess the age of asylum-seeking children. The government announced on 22 July 2025 that it intends to pilot the technology in 2026, citing cost-efficiency as a key factor. Human Rights Watch notes that facial age estimation tools have not been independently validated for use in immigration contexts and may not reliably account for the physical effects of trauma, malnutrition, and stress, which can influence a child’s appearance. The organisation highlights the potential consequences of misclassification, including denial of protections afforded to minors.
PRACTICE NOTES
Managing the human resources in your legal team is not something that can just be left to the HR department. It is a fundamental part of legal operations. Your operational task is to get the best possible results at the lowest possible cost. From a human resource perspective, this is best achieved by ensuring that the right lawyer, both internally and externally, is assigned to each matter, at the right time. To achieve this, you need to be able to align all your resources towards mitigating legal and compliance risks by: reorganising your in-house team, engaging new lawyers with particular skills and engaging law firms and/or consultants, while keeping a close eye on costs. If you are concerned that you don’t have the knowledge, interest or experience to manage people, it is strongly recommended that you embrace the necessary capabilities because it will pay dividends in the way your team delivers its legal services to your organisation. Some people are natural ‘people-people’, but the basic skills to get the most out of your team can be acquired
GLOSSARY
Human rights are the fundamental rights and freedoms to which every person is entitled in law, often relied on in litigation, advisory work and public decision-making. In the UK, many core civil and political rights are protected through the European Convention on Human Rights (ECHR), given effect domestically by the Human Rights Act 1998 (HRA). The HRA allows individuals in England and Wales, Scotland and Northern Ireland to enforce Convention rights against public authorities, and requires courts to interpret legislation compatibly with those rights so far as possible. In Ireland, human rights derive from the Constitution, the ECHR (incorporated by the European Convention on Human Rights Act 2003) and EU law, alongside international human rights treaties. Common issues include proportionality, positive obligations, horizontal effect, and the interplay between human rights, constitutional law, judicial review and data protection. Human rights arguments frequently arise in criminal law, immigration and asylum, policing, prisons, community care, mental health, equality and discrimination, freedom of expression, family law and public inquiries. Usage of “human rights” is broadly consistent across the UK and Ireland, though the constitutional framework, remedies and interpretative techniques differ by jurisdiction.
PRACTICE NOTES
This Practice Note has been archived as is not maintained. Recovery of CFA success fees and ATE insurance premiums in publication and privacy proceedings  Following the implementation of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (LASPO 2012), under conditional fee agreements (CFAs) entered into after April 2013 a CFA litigant has to meet the success fees out of any damages recovered. The recoverability of after-the-event (ATE) premiums was abolished at the same time. These provisions are subject to transitional arrangements. There are transitional provisions preserving the recoverability of success fees and premiums (additional liabilities) in relation to CFAs and ATE insurance policies entered into prior to the coming into force of the relevant LASPO 2012 provisions (1 April 2013). Where funding arrangements were put in place before 1 April 2013, they will continue to be governed by the rules applicable at the time the arrangements were made even though the success fee and or premium will be claimed later. Proceedings involving issues of privacy and defamation