Thursday 1 November 2012 4:30pm to 5:30pm
TBC
About
Dr Jason Varuhas (University of Cambridge) will give a CPL evening seminar entitled "Liability under the Human Rights Act: Rabone v Pennine Care NHS Foundation Trust".
An analysis of the recent Supreme Court decision in Rabone v Pennine Care NHS Foundation Trust, which raises a number of important issues: in which circumstances will the positive operational obligation to protect life under Article 2 arise?; who has standing to bring a claim under Article 2?; how should courts calculate damages awards under the HRA? More generally the case raises interesting issues about the interrelationship between private law and public law liability regimes, and the approach that domestic courts ought to take to determining questions concerning the interpretation of Convention rights which have not yet been addressed by the ECtHR. The presentation will also respond to a number of questionable criticisms of the case that have been advanced by some scholars.
Seminars will take place in the Moot Court Room of the Law Faculty Building.
Faculty Members and Visitors, Ph.D students and LL.M. Public Law students are welcome. For more information contact Mark Elliott (mce1000@cam.ac.uk)