The Human Rights Act and civil fraud

Gavin McFarlane of Titmuss Sainer Dechert and London Guildhall University foresees problems ahead for Customs and Excise if they pursue the concept of civil fraud once the Human Rights Act 1998 comes into force in England and Wales in October 2000.

The Human Rights Act 1998 is likely to be remembered as one of the most significant pieces of legislation of the late twentieth century. There seems little doubt that it will impact directly on many areas of domestic law which are at present considered to be entrenched and therefore beyond question under current parameters. It has already come into force in Scotland, where the system of judicial appointments has been found to infringe the principles of fairness required by the Act. In England and Wales, although enacted in the last century, it does not actually come into force until October of this year. Already in many areas of legal and administrative activity, hurried consultations have been taking place about whether existing practice is watertight; if it is considered non-compliant in a particular case, long-established practice is often being altered rapidly accordingly.