Claims for Compensation under the Human Rights Act
This leaflet explains how to issue a claim for damages or money owed under the Human Rights Act 1998 (HRA) in the County Court and the High Court in England and Wales.
http://hmctsformfinder.justice.gov.uk/c ... 03-eng.pdf
Under the HRA you may be able to bring human rights proceedings in the appropriate court against a public authority. You can do so if through their decisions or actions (or failure to act), the public authority has unlawfully interfered (i.e. ‘acted incompatibly’) with your Convention rights. You can also do so if there is a risk, because of a proposed act, that they will do so in future.
If your case is unsuccessful in the UK you may be able to bring proceedings before the
European Court of Human Rights in Strasbourg, but time limits and other admissibility criteria apply. Information on making an application to the European Court of Human Rights is available from its website (see ‘Further Information’ for details).
When can I make a HRA claim?
1. In a claim against a public authority: You can bring proceedings under the HRA claiming that a public authority has acted incompatibly (or failed to act compatibly) with a Convention right, as long as the act in question took place on or after 2 October 2000...
...To use the UK courts you must issue your claim within one year of the public authority committing the act (or failing to act). However if there is a stricter time limit for your particular type of case (e.g. three months for an application for judicial review) that time limit will apply instead.
What type of claim can I bring?
There are
three types of case involving the HRA that you can bring in the County Court or the High Court in England and Wales:
1. A claim for damages or
money owed based on a breach of your Convention rights.
2. A claim for damages based on a breach of your Convention rights
following a decision by a court that your Convention rights have been breached, where that court does not have the power to award damages. For example, if the Crown Court decides
that your Convention rights have been breached because you have been unlawfully detained, you can issue a claim for damages on that basis. Defendants convicted in the Crown Court can make claims for damages in an appeal to the Court of Appeal.
3. A
non-damages claim, or an application for an injunction or judicial review of the decision or action of a public authority. Applications for judicial review should be filed with the
Administrative Court Office at the Royal Courts of Justice using a Judicial Review Claim Form (N461). See the Notes for Guidance on Applications for Judicial Review which are available on MoJ Form Finder. If you wish to make a non-damages claim you are advised to seek legal advice.
When you make a HRA claim you must include the following information in your statement of case:
• details of the Convention right which you believe has been breached and how;
and
• details of what you are asking the court to do to remedy the situation (i.e. put it right) or compensate you e.g. damages or a change in procedure. See Practice Direction 16 to Part 16 of the Civil Procedure Rules for more detail about what needs to go in your statement of case when you are making a HRA claim.
***When you are filling in the Claim Form, tick the ‘Yes’ box to indicate that your claim includes issues under the HRA.***
What can the court do?
If the court finds that a public authority has acted (or proposes to act) in a way that is incompatible with the Convention rights it may grant whatever remedy, within its powers, that it considers just and appropriate. The court needs to take into account all
of the circumstances of the case and be satisfied that damages are necessary to afford you just satisfaction.
The court must also take into account the principles applied by the European Court of Human Rights when it awards damages. The level of damages awarded by the European Court of Human Rights is generally modest and in some cases the European Court of Human Rights may consider that a judgment in favour of the victim is all that is needed to provide just satisfaction.
