UK Public Law and Human Rights

Most of our work at PIL concerns public law, in which we challenge the decisions or behaviour of public bodies by way of judicial review or statutory challenge.

Since October 2000, when the Human Rights Act 1998 came into effect, much of our work has focused on human rights arguments. Initially these were raised through our environmental work. For example, where an individual or community group is affected by a polluting development their right to private and family life under Article 8 of the European Convention on Human Rights (ECHR), and the right to enjoyment of possessions under Article 1, Protocol 1, may be violated by that project.

At PIL we have been instrumental in testing the boundaries of these human rights arguments and our human rights work is now expanding rapidly to embrace issues outside the environmental field. We act, for example, for the families of British soldiers killed in Iraq whose case for compensation against the Ministry of Defence challenges the principle of combat immunity in specific circumstances.

It is obnoxious in the 21st Century to discriminate on grounds of race, sex, nationality or sexual orientation. Increasingly our work involves issues of discrimination, especially in the context of human rights. The Gurkha litigation involved issues under Article 8, the right to private and family life, Article 14 freedom from discrimination, and Article 1 of Protocol 1, the right to enjoyment of possessions. We also act for an Indian member of the former (British) Indian Army who was held captive by the Japanese in the second world war. In breach of his right under Article 14 not to be discriminated against, the Government refused him compensation paid to other (white) prisoners of war who served the British. The application for judicial review was rejected by the High Court in August this year. The appeal was heard at the Court of Appeal in January 2007. Judgment is awaited

We are also acting in a test case on behalf of the Peace Tax 7 Group whose case on the right to conscientiously object to the payment of taxes towards military spending is proceeding to the European Court of Human Rights in Strasbourg. The action is based on Article 9, the right to freedom of religion, conscience and belief.

We also acted for Sikh protesters arrested pursuant to the exercise of powers under the Anti-Social Behaviour Act 2003. That case involved Articles 10 and 11, the rights to freedom of expression and assembly, and the issue of whether anti-social behaviour orders can be used by police to disperse protesters. It was argued that the legislation was never intended for such purposes and its use amounted to an unlawful interference in our client's rights.