The Human Rights Act 1998 ("HRA") incorporates into UK law the European Convention on Human Rights ("the Convention"). Here we assess the potential effects of the HRA on adjudication generally, and more specifically consider whether or not adjudications infringe the right laid down by the HRA to a fair trial.
Right to a Fair Trial
One of the most relevant aspects of the HRA is that it makes it unlawful for a public authority to act in a way that contravenes Convention rights, unless that authority was acting strictly in accordance with the requirements of the relevant legislation, and in this context a public authority includes a court or tribunal.
Adjudicators must comply with the HRA if they are considered to be a tribunal or public body. In Bryan v. UK [1995], the European Court of Human Rights held that a planning inspector was a tribunal. Furthermore, in Van De Hurk v. Netherlands [1994], the Court held that any body that was able to provide a binding decision that could not
