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Home > Areas of Law > Human rights and the common law
The set basic standard by which the law is judged, can result in damages or declarations. Human rights are commonly refereed to those right contained within the European Convention on Human Rights, and are generally only enforceable against a state like authority. Common law rights by contrast are the judge given law that has developed over time, and are enforceable not just against the state but also other persons.
Human RightsAdam has acted in ground-breaking human rights cases on key areas protected by the European Convention on Human Rights (“ECHR”). Adam has helped clients who have had their lives put at risk by decisions of public bodies (Article 2 of the ECHR);
Adam has helped victims of torture and ill-treatment (Article 3 of the ECHR), see the Immigration page Adam has helped people who have been imprisoned and detained (Article 5 of the ECHR), see unlawful detention page Adam has helped clients whose procedural rights have been infringed by public decision-making bodies or tribunals (Article 6 of the ECHR). |
Common Law The common law system, provides protection above and beyond that provided by statue, and often within the Human Rights Act 1998. Often rights acquired under the common law are more advanced than those within the Human rights are which are after all basic human rights.
An example of this is Habeas corpus, which literally means to bring the body before the Court. It is a recourse in law through which a person can report an unlawful detention or imprisonment to a court and request that the court order the custodian of the person, usually a prison official, to bring the prisoner to court, to determine whether the detention is lawful. See the unlawful detention page |
Adam is a specialist solicitor and advocate in this area, with many years of experience as a supervisor in this area. Scott-Moncrieff, offer legal aid for those that qualify, private funding at reasonable rates for those that can afford, and other forms of funding where appropriate.