No ECHR retrospectivity

April 11th, 2017

Those who have incurred financial obligations in reliance on a statute have a legitimate expectation that the statute would not be retrospectively repealed or otherwise invalidated to their detriment. Their right to recover costs constituted a right under Article 1/1 of the ECHR.  A newspaper publisher’s freedom of expression under Article 10 is also a fundamental principle.  However, in the circumstances of Times Newspapers v Flood [2017] UKSC 33 the Supreme Court held that the Art 1/1 rights prevailed.

Comments are closed.