ABSTRACT
Section 8 of the Human Rights Act 1998 authorises a court to ‘grant such relief or remedy, or make such order, within its powers as it considers just and appropriate’. Accordingly, any remedies which a particular court may award are available for breaches of Convention rights. Declarations, damages, injunctions or the prerogative orders are available. When awarding damages, the courts must take into account the principles applied by the European Court of Human Rights in relation to awards of compensation. Claims for damages do not lie against the decision of a court which has breached the Convention, even though courts are defined as public bodies under the Act. Section 9 of the 1998 Act requires that proceedings against a first instance court be brought by way of appeal or by judicial review. An exception to this is provided in section 9(3) and (4), which provide for awards of damages against the Crown where any judicial body has been guilty of a breach of Article 5 (the right to liberty). Where there has been a breach of a Convention right caused by an Act of Parliament, damages cannot be awarded. In this situation, the consequence will be the making of a declaration of incompatibility. Only the High Court and courts above have the power to issue declarations of incompatibility.
