Declaration of incompatibility meaning

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MVL Properties (2017) Ltd v The Leadmill Ltd [2025] EWHC 349 (Ch) What are the practical implications of this case? Hugely significant consequences flow from this decision. The tenant accepted that, at the end of the current tenancy, the landlord could operate the same kind of business as the tenant; nevertheless it said the landlord was unlawfully depriving it of possession, contrary to Article 1 of Protocol 1 to the ECHR (A1P1), on the basis that the landlord was obtaining the tenant’s goodwill without adequate compensation. Had the High Court found a breach of A1P1 arising from the operation of ground (g) of the Landlord and Tenant Act 1954 in this claim, the court would then have been required to consider whether ground (g) itself could be read compatibly (in a new way) via section 3 of the Human Rights Act 1998 (HRA 1998) in this claim and, if that were not possible, whether to make a declaration of incompatibility under HRA 1998, s 4...

Lee Broadbent, a Greater Manchester Police officer who earlier won an employment tribunal against the Police Federation of England and Wales for age discrimination, has issued a formal legal notice to the Home Secretary calling for the repeal of section 64 of the Police Act 1996. That clause, which replaced the 1919 prohibition on police unions, obliges police officers to depend exclusively on the Police Federation, an organisation that is not a recognised union and prohibits industrial action. 'Police officers are the only group of public servants who are legally barred from joining a trade union', Broadbent said in a statement...

Convention rights The Human Rights Act 1998 (HRA 1998) took effect in October 2000 and is intended to give effect to the rights set out in the European Convention on Human Rights (ECHR) (the Convention rights). The ECHR is a binding international treaty reflecting the United Nations Universal Declaration of Human Rights 1948. The UK ratified the ECHR in 1951, but it became binding in UK law only with the introduction of the HRA 1998...

In this Practice Note, 'cohabitant' denotes an unmarried partner (excluding a civil partner) of a member. This Practice Note also references the European Convention on Human Rights (ECHR) and its relevance. The ECHR is an international treaty ratified by the UK in 1951. It became enforceable domestically through the Human Rights Act 1998, which gives legal effect to the rights guaranteed by the ECHR, giving effect to the rights contained within it. Rulings of the ECtHR are not binding; however, the Human Rights Act 1998 provides that UK courts must take into account any judgment, decision, declaration or advisory opinion of the ECtHR. As the ECHR is incorporated into UK law via the Human Rights Act 1998, neither Brexit nor the Retained EU Law (Revocation and Reform) Act 2023 alters the UK’s position in respect of the ECHR. For details on the pension entitlements of same-sex spouses and civil partners on a member’s death, see Practice Note: Pension rights of spouses and civil partners on member’s...

Parliamentary statements of compatibility The Human Rights Act 1998 (HRA 1998) not only furnishes individuals with a remedy where their European Convention on Human Rights (ECHR) protections have been infringed, it also prompts government and Parliament to scrutinise, during law-making, whether proposed measures align with Convention rights. Under HRA 1998, s 19, a Minister of the Crown in each House must, before a Bill’s second reading, issue a statement confirming that the Bill complies with Convention rights (a section 19(1)(a) statement) or, alternatively, under section 19(1)(b), state that they cannot make such a confirmation, yet the government nonetheless asks Parliament to continue with the Bill. This process aims to ensure that human rights implications are addressed proactively, rather than remedied only after breach. It signals to both Houses the government’s assessment, while allowing Parliament to weigh incompatibility openly, if necessary. The form of the statement of compatibility The statement must be in writing, but no fixed method of publication is mandated. It must be published in whatever...