Advocacy and the Human Rights Act

The Human Rights Act 1998 was fully implemented in October 2000,and since then it has become clear how fundamentally the Act will challenge all aspects of our legal system. As Sir Stephen Sedley said in his 2000 Eldon lecture: the courts are going to be dependent as never before on the advocates who come before them for knowledgeable and balanced argument about the Convention. This book provides advocates with a guide to the preparation and presentation of Convention-based arguments before domestic courts and tribunals. It analyses recent domestic and Strasbourg case law and sets out Points for Advocates covering the different issues which may need to be addressed in each area. The book shows advocates how to provide courts with structured and effective guidance on the application of the Human Rights Act, ensuring that they are able to identify and to promote human rights arguments in advancing their clients case. Philip Plowden is a barrister and solicitor and is Director of Professional Studies at the School of Law of the University of Northumbria. Kevin Kerrigan is a solicitor and is Director of the Centre for Human Rights Practice at the School of Law. Both authors have a long-standing involvement with Human Rights Act training at both national and regional levels.