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'Judges may use the new context of the Human Rights Act 1998 to develop their own common law principles concerning human rights.' Discuss
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CIVIL LIBERTIES AND THE INDIVIDUAL COURSEWORK QUESTION 'Judges may use the new context of the Human Rights Act 1998 to develop their own common law principles concerning human rights.' Discuss and specify: a) What is meant by the new context of the Human Rights Act 1998? b) Why and how judges may develop the common law in the context of breach of confidence and the Human Rights Act 1998. Illustrate your answers by reference to cases decided after the Act came into force. ANSWER Breach of confidence, as defined by the Oxford Dictionary of Law, is either 'the disclosure of confidential information', or 'failure to observe an injunction granted by the court to prevent this. The injunction is most commonly granted to protect trade secrets (except patents, registered designs, and copyrights, which are protected under statute), but may also be granted, for example, to protect the secrecy of communications made between husband and wife during marriage or, possibly,...
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