Overview

Common law principles need to be re-evaluated in the light of the Human Rights Act for two reasons. First, to ascertain whether those principles comply with Convention standards as laid down in the ECHR and interpreted by the Strasbourg organs. Secondly, to determine the extent to which tort principles may be shaped to achieve this goal. In this book, the author pursues this objective by analyzing the effect of the Act, including the issue of horizontality, and then evaluating and juxtaposing principles of tort law and ECHR jurisprudence in order to consider whether the approach of the English courts measures up to the European standard. Generally, the ECHR does not prescribe how states should meet their treaty obligations and the book therefore considers, where appropriate, the possibility of remedies other than tort principles as a means of meeting the UK's obligations. Thus, the book examines whether the principles of tort law, considered in the light of other remedies, are likely to be the mechanisms for the implementation of human rights standards.

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9781841130354

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Reviews

Few English tort lawyers could read this book without profiting greatly. this book deserves to be read by anyone who takes tort seriously. With the passage of the 1998 Act, the law of tort will have to change in some fairly fundamental ways. 'Tort Law and Human Rights' provides the best and most comprehensive available guide as to what those changes might be. John Murphy, University of Manchester Modern Law Review October 2001

Author Information

Jane Wright is a Senior Lecturer in Law and a member of the Human Rights Centre at the University of Essex.

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