Central Criminal Courts image
This site is based on Disciplinary and Regulatory Proceedings, 8th Edition
Disciplinary and Regulatory Proceedings is the leading work on this important and dynamic area of law. For 20 years it has provided authoritative guidance to lawyers, tribunals, and other experts dealing with professional discipline and regulation.

'Public authority': generous interpretation

Section 6 of the Human Rights Act 1998 is intended to give effective domestic protection to convention rights as defined in and scheduled to the 1998 Act. It is accordingly appropriate to give a generously wide scope to the expression 'public function' in s 6(3)(b), as Lord Nicholls of Birkenhead observed in Aston Cantlow and Wilmcote with Billesley Parochial Church Council v Wallbank [2003] UKHL 37 at [11], [2003] 3 All ER 1213 at [11], [2004] 1 AC 546.2. Quoted with approval by Lord Bingham in YL (by her litigation friend the Official Solicitor) v Birmingham City Council and others [2007] UKHL 27, (Transcript)):23.


4th Edition » | Chapter 2