Recommendation 13

We do not support either of the proposed options to amend section 2 HRA. There are significant disadvantages and no real advantages in pursuing either option. Both options would appear likely to increase legal uncertainty, with resultant impacts of increasing the cost and time of litigation to resolve such uncertainty. The options increase the likelihood of individuals needing to pursue their claims in Strasbourg. There are also risks that any such amendments would reduce the likelihood that UK judgements can be readily understood in terms of ECtHR analysis and thus risk more adverse ECtHR judgments against the UK.