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Human rights damages can be awarded for judicial findings

Scholarships-Hand by Scholarships-Hand
December 7, 2022
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I missed this on the time and solely noticed it due to Joshua Rosenberg’s useful Substack. SW v United Kingdom (App no. 87/18) was a few choose making antagonistic findings a few social employee and referring her to her skilled physique with out giving her an opportunity to reply. The Human Rights Act 1998 at the moment prevents awards of compensation in such circumstances (part 9(3)) however Strasbourg held this was denial of an efficient treatment and awarded compensation. It appears probably related on Hamid hearings and on therapy of consultants – though the latter is far much less of a difficulty than prior to now.

This was one in all solely two cases the UK misplaced in Strasbourg within the final 12 months. The different was a freedom of expression case.



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