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No ECHR retrospectivity

April 11th, 2017 by James Goudie KC

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obligations in reliance on a statute have a legitimate expectation that the statute would not be retrospectively repealed or otherwise invalidated to their detriment.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.

This entry was posted on Tuesday, April 11th, 2017 at 12:00 am and is filed under Human Rights and Public Sector Equality Duty. You can follow any responses to this entry through the RSS 2.0 feed. Both comments and pings are currently closed.

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