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ARTICLE · 10 MAY 2002

Human Rights Act Defence & Independent & Impartial Tribunal

Herbert Smith Freehills Kramer LLP
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United KingdomLitigation, Mediation & Arbitration
Andrew Lidbetter
Andrew Lidbetter

Introduction

In R(Bono) v Harlow District Council [2002] EWHC 423 (Admin)(15th March 2002), Richards J had to consider two important issues concerning the effect of the Human Rights Act 1998 – the requirement of an independent and impartial tribunal in Article 6 of the European Convention on Human Rights (the Convention) and the defence to what would otherwise be an unlawful act by a public authority under section 6 of the Human Rights Act.

The claimants applied for housing benefit but the benefit was refused by the defendant Council which was not satisfied with the claimants' evidence of income. The claimants succeeded in a procedural challenge before a Review Board under the Housing Benefit (General) Regulations 1987 (made under the Social Security Contributions and Benefits Act 1992) but a newly-constituted Review Board upheld the original decision. Regulation 81 and

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