Human Rights Act 'featuring in commercial litigation'

27 January 2009



Companies are becoming increasingly likely to use the Human Rights Act in commercial litigation, according to a recent survey by legal publishers Sweet & Maxwell.

It found six per cent of tax disputes with HM Revenue and Customs revolved around human rights arguments, while three per cent of human rights cases were brought by businesses in alternative forms of disputes with other bodies, emphasising the need for legal advice when pursuing such a claim in an evolving sector.

The company says that the results show "that human rights arguments are increasingly being used in cases that might normally be seen as commercial disputes".

According to Sweet & Maxwell, the trend is evident even though there has been a decline in the number of cases surrounding the Human Rights Act since 2007.

Those who are considering any form of commercial dispute need to ensure they are aware of their legal rights and obligations before doing so, which may involve enlisting help from a solicitor or other legal expert.

Alex Jones, associate in the litigation and dispute resolution team comments: "Since the Human Rights Act came into force in 1998 and the Civil Procedure Rules changed in 1999, human rights have been at the forefront of the profession. Every time a claim form is completed, the claimant has to consider whether the case involves Human Rights.

"In actions against government entities such as HMRC, it is common to plead a human rights angle such as article 6 - the right to fair trial - when considering the HMRC procedure for dealing with commercial cases. In any event, the Human Rights Act is only applicable against government entities or quasi government entities such as the NHS or a local authority.

"It is therefore not surprising to see individuals and businesses invoking human rights in commercial disputes."

Whatever the challenge you are facing, we can help you keep control of the situation. We are able to advise on the best approach, whether it be litigation or mediation, to advance and protect your interests. For legal advice, please contact the litigation and dispute resolution team on 01753 279037 or email disputes@bpcollins.co.uk.

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