ABSTRACT
The HRA has a major impact on civil litigation in courts and tribunals. The HRA contains a new mechanism for the resolution of disputes about Convention rights, permitting either a free-standing claim by the alleged victim or allowing him or her to rely on the alleged breach in any other legal proceedings. Although the Act does not create a new series of private law rights, it does create a new cause of action against public authorities for breach of statutory duty and influences statutory interpretation and the development of the common law even in disputes between wholly private parties. This, coupled with the ability of the courts to provide remedies against public authorities for breach or anticipated breach of Convention rights, creates a new framework for the determination human rights litigation.
