Last year there was speculation that the Human Rights Act (HRA) would precipitate human rights challenges against the Financial Services Authority (FSA) and the tribunal established under the Financial Services and Markets Act (FiSMA). Recent judgments on human rights issues have, however, been somewhat cautious.

Article 6 guarantees a right to a fair trial before an independent and impartial tribunal established by law. According to the objects and purpose of the European Convention, the right to a fair trial is a fundamental aspect of civil and political freedom in a democratic society, an unqualified right.