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Convention right meaning

What does Convention right mean?
In practice, this describes a human right protected by the European Convention on Human Rights (ECHR) that a party may invoke in domestic proceedings. In the UK, Convention rights is a defined term in the Human Rights Act 1998 (HRA), section 1 and Schedule 1. It covers the rights and freedoms in Articles 2–12 and 14 ECHR, Articles 1–3 of the First Protocol, and the abolition of the death penalty in Protocol 13, as read with Articles 16–18. Convention rights ground: claims that a public authority acted unlawfully (section 6 HRA); the duty to interpret legislation compatibly where possible (section 3 HRA); and the court’s power to make a declaration of incompatibility (section 4 HRA). Common examples include Article 6 (fair trial), Article 8 (private and family life), Article 10 (expression) and A1P1 (property). Usage is consistent across England & Wales, Scotland and Northern Ireland; incompatibility with Convention rights also marks the limits of devolved competence (for example, Scotland Act 1998 and Northern Ireland Act 1998). In Ireland, the phrase is descriptive. The ECHR Act 2003 obliges organs of State to act compatibly with the State’s Convention obligations and directs courts to interpret statutes accordingly; remedies include declarations of incompatibility, with the...
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View the related Checklists about Convention right

CHECKLISTS
Misuse of Private Information: Claimant Checklist on Merits, Defences, Limitation, Jurisdiction, Injunctions, Funding, Pre-Action and Settlement (England and Wales)

Checklist for privacy claims This Checklist for privacy claims pinpoints the principal matters to weigh up when advising a prospective claimant contemplating a misuse of private information claim (privacy claim). It centres on the merits: what the claimant must show to found the cause of action; any defences; limitation and jurisdictional questions; injunctions to stop publication; preservation of documents; regulatory complaint; pre-action conduct; funding and issue of proceedings; and settlement, including Part 36 offers. Read this Checklist alongside Practice Note: Starting a claim for misuse of private information—a practical guide. To anticipate how an opponent might respond to a threatened privacy claim, see also Practice Note: Responding to a claim for misuse of private information—a practical guide. Action Comments Is there a viable privacy claim? The underlying legal right for this cause of action derives from Article 8 of the European Convention on Human Rights (ECHR), incorporated into English law by the Human Rights Act 1998 (HRA 1998). The ECHR is contained in HRA 1998, Schedule...

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NEWS
IP weekly update: foreign performers' PPR; Athleta and YouTube Shorts rulings; EPO MyEPO changes; SPC Windsor Framework regulations; Teva Copaxone fine; EU packaging rules; IPO crime survey

In this issue: Copyright & associated rights Trade marks/passing off Patents General IP LexTalk®IP: a Lexis®Nexis community Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Copyright & associated rights IPO confirms approach for foreign artists’ public performance rights The Intellectual Property Office (IPO) has released its response to an early‑2024 consultation on how best to ensure overseas performers and producers receive the public performance rights (PPR) payments due when their sound recordings are broadcast or played in public in the UK. Historically, UK law’s treatment of this right did not fully mirror the nation’s international commitments. After the consultation and engagement with industry stakeholders, the government has chosen Option 0A. Under this approach, targeted adjustments will be made to the criteria for foreign performers’ PPR eligibility, extending PPR to foreign performers where the producer of the recording of their performance is a UK national or...

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NEWS
UK employment law weekly: Employment Rights Bill 2024, tips and executive pay, employment status for tax, data protection developments, industrial action, anti-fraud, tribunal rulings, key dates

In this issue: Employment Rights Bill 2024 and ‘next steps’ Pay Tax Data privacy and employee information Industrial action Bribery, modern slavery, tax evasion and fraud Employment tribunals New and revised content Dates for your diary Trackers Fresh Q&As Employment resources on Lexis+® Daily and weekly news updates Employment Rights Bill 2024 and ‘next steps’ Released on 10 October 2024, the Employment Rights Bill 2024 comprises 28 measures, described by the government as the ‘biggest upgrade to rights at work for a generation’...

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NEWS
Dispute resolution weekly: CPR e-service consultation; costs (QOCS, fixed costs), class action funding; cross-border service; disclosure; appellate guidance—10 July 2025

In this issue: Key DR developments Claims and remedies Costs and funding Cross-border disputes Evidence and disclosure Civil appeals New content Dates for your diary Useful information Daily and weekly news alerts Key DR developments Consultation CPRC launches consultation on electronic service modernisation for CPR 6 and CPR PD 6A: The Civil Procedure Rule Committee (CPRC) has opened a consultation on revisions to the Civil Procedure Rules (CPR) aimed at updating how documents are served. The exercise suggests two principal amendments to CPR 6 and CPR PD 6A: first, where a legal representative has confirmed authority to take service for a client, they would be obliged to accept service by electronic means without further permission; and second, fax would be withdrawn as a form of electronic service, given email’s predominance. The consultation closes on 12 September 2025. For more information, see: LNB News 04/07/2025 54—CPRC launches consultation on electronic service modernisation for...

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View the related Practice Notes about Convention right

PRACTICE NOTES
Recognition and enforcement of arbitral awards in Austria: formal requirements, courts, procedure, partial enforcement and refusal grounds under the ACCP, AEA and New York Convention

This Practice Note explores the recognition and enforcement of arbitral awards under Austrian law Note The decisions of the Austrian Supreme Court (Oberster Gerichtshof) (OGH) mentioned below are not reported by LexisNexis®. Austria’s regime for recognising and enforcing foreign arbitral awards consists of national statutes, international treaties, and bilateral and multilateral accords. Two domestic statutes are central: the Austrian Enforcement Act (AEA) and the Austrian Code of Civil Procedure (ACCP), which sets out Austrian arbitration provisions. Section 614 ACCP governs the recognition and declaration of enforceability of foreign arbitral awards, meaning awards issued by tribunals seated outside Austria: recognition and the declaration of enforceability of foreign arbitral awards proceed under the Enforcement Act (Exekutionsordnung), unless international law or EU legal instruments provide otherwise. The formal requirements for the arbitration agreement are also satisfied if the agreement complies both with section 583 and with the formal requirements under the law governing the arbitration agreement the production...

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PRACTICE NOTES
Possession of introductory tenancies in England: notice, review, time limits, public law, Article 8 and Equality Act defences, and effects of proceedings

A landlord may bring an introductory tenancy to an end only by securing and enforcing a court order for possession. Possession is mandatory, so the landlord need not prove any ground. Even so, no order will be granted unless the notice requirements for introductory tenancies have been met. Notice of Proceedings for Possession The landlord must give the tenant a Notice of Proceedings for Possession which sets out: its intention to apply to the court for a possession order the reasons it seeks possession the earliest date on which proceedings may start confirmation of the tenant’s right to have the decision reviewed the deadline for requesting a review that the tenant may obtain advice from a Citizens' Advice Bureau, a housing aid centre, a law centre, or a solicitor No particular form is prescribed for a Housing Act 1996, section 128 notice. The information required by HA 1996, s 128(7) need not appear on a single page...

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PRACTICE NOTES
OECD Pillar One: Amount A profit reallocation and Amount B transfer pricing—scope, nexus, allocation, MLC implementation, tax certainty and Digital Services Tax withdrawal

In October 2021, countries participating in the Organisation for Economic Co-operation and Development (OECD)/G20 Inclusive Framework on Base Erosion and Profit Shifting (BEPS) (the OECD Inclusive Framework) endorsed a ‘two-pillar’ package addressing the tax issues stemming from the digitalisation of the global economy. The two pillars constitute an ambitious effort to reform and modernise international tax rules that allocate where, and how, profits are taxed. Pillar One is chiefly (though not exclusively) aimed at the digital economy: ‘a world where enterprises can effectively be heavily involved in the economic life of different jurisdictions without any significant physical presence and where new and often intangible value drivers increasingly come to the fore’. Pillar One introduces two elements: a new taxing right that stretches beyond traditional tax nexus rules anchored in physical location (Amount A) a standardised methodology for transfer pricing baseline marketing and distribution activities between related parties (Amount B). This Practice Note provides a high-level summary of: the tax...

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