The Human Rights Act 1998 in practice—personal injury claims under Articles 2 and 3 of the ECHR
The Human Rights Act 1998 in practice—personal injury claims under Articles 2 and 3 of the ECHR

The following PI & Clinical Negligence practice note provides comprehensive and up to date legal information covering:

  • The Human Rights Act 1998 in practice—personal injury claims under Articles 2 and 3 of the ECHR
  • Article 2 (right to life) and Article 3 (prohibition of torture)
  • Claims against the police and local authorities
  • Article 2 (right to life)
  • Article 3 (prohibition of torture)
  • Death or inappropriate medical treatment in hospital or custody
  • Article 2 (right to life)
  • Article 3 (prohibition of torture)
  • Inquests
  • End of life issues and withdrawal of treatment

There are a number of circumstances in which the common law offers no remedy but a claim under the Human Rights Act 1998 (HRA 1998) may still be possible, or where HRA 1998 adds to the available remedies for a claimant.

It should be noted that where HRA 1998 does provide an additional remedy, the damages recovered are not set off against those obtained from a common law claim or vice versa. The position is the same where the claimant recovering damages in an HRA 1998 claim has also recovered compensation from the Criminal Injuries Compensation Authority (CICA).

However, for guidance on the potential implications where there may be some overlap in the harm being compensated in a civil claim, a CICA claim and a HRA 1998 claim, see Practice Note: Personal injury claims under the Human Rights Act 1998—Deduction of damages from common law or CICA claims?

See generally Practice Note: Personal injury claims under the Human Rights Act 1998.

Examples of where HRA 1998 has been applied in the personal injury or clinical negligence context include the following:

Article 2 (right to life) and Article 3 (prohibition of torture)

Article 2 of the ECHR requires the State not only to refrain from taking life intentionally but also to take appropriate steps to safeguard life. These obligations on the State arise in a number of contexts including claims against

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