Status of Strasbourg case law


Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers
Practice notes

Status of Strasbourg case law


Produced in partnership with Alexander Campbell of Cornerstone Barristers and Eric Metcalfe of Monckton Chambers

Practice notes
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Any UK court or tribunal faced with an issue involving a Convention right is required to 'take into account' any judgment or decision of the European Court of Human Rights. In practice, however, the established approach of the UK courts has been to treat final judgments of the Strasbourg Court as binding unless there is some good reason not to. This Practice Note therefore sets out the key principles concerning the status of Strasbourg case law in UK courts.

Background to HRA 1998, s 2

The UK was the first country to ratify the European Convention on Human Rights (the Convention) in March 1951.

Until the enactment of Human Rights Act 1998 (HRA 1998), however, UK courts had no power to give effect to Convention rights because the Convention had not been incorporated into UK law. See: R v Secretary of State for the Home Department ex parte Brind.

UK courts nonetheless had regard to judgments of the Strasbourg Court before the enactment of HRA 1998. See: Derbyshire

Alexander Campbell
Alexander Campbell

Barrister, Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.

Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.

Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his academic performance whilst there. He holds a Master’s degree in French Law from France’s most prestigious law school, l’Université de Paris II – Panthéon-Assas, and a Master’s degree with distinction in public law and human rights from University College London. Alex has been the recipient of a prestigious Pegasus Scholarship under which he spent time working as a barrister in Paris.

Alex writes regularly in legal publications in his areas of practice online, in journals and books.

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Eric Metcalfe
Eric Metcalfe

Monckton Chambers

Eric Metcalfe is a barrister at Monckton Chambers specialising in public law, EU law and human rights. Called to the Bar in 1999, he spent almost nine years as the director of human rights policy at JUSTICE before joining Monckton in 2011. He is listed by the Legal 500 as a leading junior in the field of Civil Liberties and Human Rights. His most recent cases include R(Public Law Project) v Secretary of State for Justice [2014] EWHC 2365 (Admin) and Bingham Centre v Information Commissioner (EA/2014/0097), and he is currently instructed by Liberty in proceedings before the Investigatory Powers Tribunal against the UK intelligence services.


Publications

Contributor to the Rights and Freedoms volume of the 5th edition of Halsbury’s Laws (ÀÏ˾»úÎçÒ¹¸£Àû, 2013).

Editor in Chief of the Human Rights Law Reports - UK Cases (Sweet & Maxwell).

Co-author of the 5th edition of Blackstone’s Guide to the Freedom of Information Act (OUP, 2013).

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Jurisdiction(s):
United Kingdom
Related legal acts:
Key definition:
Secretary of State for the Home Department definition
What does Secretary of State for the Home Department mean?

The Secretary of State for the Home Department or the Home Secretary responsible for the Home Office.

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