Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

authorities definition

What does authorities mean? Authorities are the legal sources a lawyer relies on to justify a proposition of law in submissions, skeleton arguments and judgments. The term is descriptive and widely used across England & Wales, Scotland, Northern Ireland and Ireland, rather than being defined by statute. Authorities typically include: primary legislation and subordinate legislation; binding appellate case law within the relevant jurisdiction; and, as persuasive material, decisions from other UK or foreign courts, tribunal rulings, EU and ECHR jurisprudence where applicable, and reputable academic commentary. In Scotland, the writings of the institutional writers (e.g. Stair, Erskine, Bell) may carry particular weight. Textbooks and...

Public authorities under s 6 Human Rights Act 1998: core and hybrid bodies, public function factors, consequences, and key authorities (Aston Cantlow; YL v Birmingham City Council)

Published by a LexisNexis Public Law expert

Practice notes

The Human Rights Act 1998 (HRA 1998) obliges public bodies not to behave in a manner that conflicts with convention rights. A claim can only be brought if the body in question is a public authority. It is therefore crucial to identify what qualifies a body as a public authority for the purposes of HRA 1998. In some matters the answer is straightforward, yet in many others the position is more nuanced. In those circumstances it is necessary to look to guidance issued by the courts on what makes an organisation a public authority. Only bodies meeting this threshold face potential claims under the Act. Judicial guidance remains essential in borderline cases.

The legislative background

Section 6 of HRA 1998 states: Acts of public authorities (1) It is unlawful for a public authority to act in a manner that is incompatible with a Convention right. (3) In this section, “public authority” includes: (a) a court or tribunal; and (b) any person some of whose functions are of a public nature; but not either House of Parliament or a person exercising functions in connection with proceedings in Parliament. (5) In relation to a particular act, a person is not a public...

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Alexander Campbell

Cornerstone Barristers

Alex is a skilful and experienced barrister whose practice primarily spans issues of public law and property law. Alex’s experience of complex public law issues including human rights, equality issues makes him extremely well-placed to assist clients in litigation across the many fields of law in which these issues arise.Alex has been praised by judges as an 'excellent’ advocate, for his ‘forensic precision’ in approaching cases and has been described as ‘an expert’ in his fields of practice. He is well-liked by clients for his approachable manner and for his ability to bring clarity to complex cases. He is ranked in Chambers and Partners 2018 and is described as a ‘rising junior with a growing reputation’.Alex was called to the Bar after an exceptionally strong academic background. Alex holds a law degree from Trinity College, Cambridge and was awarded multiple prizes for his...

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