Q&As

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

read titleRead full title
Produced in partnership with Chris Bryden of 4 King’s Bench Walk
Published on LexisPSL on 14/02/2020

The following Public Law Q&A produced in partnership with Chris Bryden of 4 King’s Bench Walk provides comprehensive and up to date legal information covering:

  • Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

Where a claim is brought out of time under the Human Rights Act 1998, can the defendant apply for summary judgment or should the question of limitation await trial?

By section 8 of the Human Rights Act 1998 (HRA 1998), a court has the power to award a remedy including, in certain cases, damages, where a public authority has in breach of HRA 1998, s 6, acted or proposed to act in a way which is incompatible with a right under the European Convention on Human Rights (ECHR).

HRA 1998, s 7 provides a time limit for the bringing of such a claim which is one year beginning with the date on which the act took place

Popular documents