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Public Law Liability—The Human Rights Act and Beyond

Published online by Cambridge University Press:  08 April 2005

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Extract

English law traditionally draws no distinction between the liability of public bodies and that of private individuals. There is no general right to recover damages in respect of loss caused by an administrative act, even where that act is unlawful according to public law principles. An aggrieved individual must establish an ordinary private law cause of action: Supreme Court Act 1981, section 31(4). One of the most important innovations contained in the Human Rights Act 1998 is the creation of a form of public law liability. Section 6(1) states that it is unlawful for a public authority to act incompatibly with a Convention right. Section 7 enables a victim of an act contrary to section 6 to bring proceedings against the offending authority. Section 8(3) empowers the court to award damages if it is satisfied that such an award is necessary to afford just satisfaction to the victim.

Type
Case and Comment
Copyright
Copyright © Cambridge Law Journal and Contributors 2005

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