Convention rights cannot be enforced retrospectively | Practical Law

Convention rights cannot be enforced retrospectively | Practical Law

R v Lambert, 5 July, 2001 (House of Lords).

Convention rights cannot be enforced retrospectively

Practical Law UK Legal Update 9-101-5275 (Approx. 6 pages)

Convention rights cannot be enforced retrospectively

by NATING GROUP
Law stated as at 19 Jul 2001England, Wales
This case concerned the extent to which the Human Rights Act 1998 has retrospective effect. The particular question asked, was whether a person who would be a victim of an unlawful act of a public authority which took place before the Human Rights Act came into force, could rely on the Convention rights in an appellate court if the judgment in the lower court had been given before the Human Rights Act came into force (2 October, 2000).
By a majority, the House of Lords held that the victim could not.
This item includes links to practice notes on the Human Rights Act 1998.