Section 6 HRA
… (3)In this section “public authority” includes—
(a) a court or tribunal, …
But – if courts are public authorities, do they have to apply HRA analysis to all the substantive law they apply (contract,
tort…)?
Vertical
Between an individual and a public authority.
HRA always applies.
For ex. employees of a local council who claims the employer restricts his or er freedom of speech at work.
Horizontal
Between an individual and another individual (including company) – does the HRA apply?
For example: A private employer breaches an employee’s privacy.
There is no general horizontal application, but if there is an exisiting common law doctrine it can be developed in line
with the right.
For ex.: There is no right of privacy in English law, and none is created by Article 8, but common law breach of
confidence developed by the HL in line with the privacy right.
Douglas v. Hello
… (3)In this section “public authority” includes—
(a) a court or tribunal, …
But – if courts are public authorities, do they have to apply HRA analysis to all the substantive law they apply (contract,
tort…)?
Vertical
Between an individual and a public authority.
HRA always applies.
For ex. employees of a local council who claims the employer restricts his or er freedom of speech at work.
Horizontal
Between an individual and another individual (including company) – does the HRA apply?
For example: A private employer breaches an employee’s privacy.
There is no general horizontal application, but if there is an exisiting common law doctrine it can be developed in line
with the right.
For ex.: There is no right of privacy in English law, and none is created by Article 8, but common law breach of
confidence developed by the HL in line with the privacy right.
Douglas v. Hello
