Human Rights

Others may see human rights as a separate area of law. We do not. At FTB we regard human rights as an integral part of all aspects of legal practice. Certainly, given our public law basis, human rights can be said to permeate the entirety of our practice areas. Indeed, in Alconbury, the first House of Lords test case upon the application of article 6 of the European Convention of Human Rights, the majority of counsel were from FTB. The range and quality of our work can be illustrated by the following examples of cases in which members of chambers have been involved.

• Alconbury (HL) concerned a challenge under article 6 (right to a fair hearing) to the compatibility of the whole of the planning system in England and Wales;
• B v The Secretary of State for the Foreign & Commonwealth Office (DC) on whether not the jurisdiction of the ECHR and HRA 1998 applied to UK consular staff in respect of escaped asylum seekers in Australia;
• Aston Cantlow PCC v Wallbank (HL) concerning the definition of public authority for the purposes of HRA 1998;
• Oxfordshire County Council v Oxford City Council and Robinson (HL) whether 20 year's use of land for dog walking and other recreational uses leading to a designation as a village green under the Common Registration Act 1965 which could preclude the development of a housing site, is compatible with article 1 to the first protocol;
• South Bucks v Porter (HL) concerned the approach to planning enforcement action in the light of gypsy article 8 rights (right to home and family life);
• R (Varma) v Duke of Kent (HC) regarding the compatibility of the University Visitor's powers with article 6 (right to a fair hearing);
• R (Ward Estates) v Monmouthshire County Borough Council (HC) regarding the exercise of compulsory acquisition powers in the light of article 1 to the first protocol to the Convention and article 6 (right to a fair hearing);
• Blagdon Cemetery (2001) Court of Arches (exhumation under the Human Rights Act 1988).

Members of Chambers acted in the challenges to the Mayor of London's scheme for congestion charging and are also currently acting for Richard Butler in his application to the European Court of Human Rights under article 10 right (freedom of expression) to protest against a road building scheme (Butler v Derby City Council (DC)).

As part of our Parliamentary practice members of chambers are regularly instructed to provide opinions for the required statements of HRA 1998 compatibility which must accompany private and local government bills.