The claimant asserted that judicial proceedings, since they were conducted in the name of the Crown, were brought ‘by or at the instigation’ of a public authority, and that acts so challenged were therefore subject to the Act, even though they had taken place before the Act came into effect. The assertion was unsustainable. The Crown’s involvement was nominal only, and in reality the proceedings were instigated by the claimants. The acts complained of were not therefore those of a public authority. The Supreme Court Act also precluded a claim.
Citations:
Times 19-Jun-2001
Statutes:
Human Rights Act 1998 7, 22 (4), Supreme Court Act 1981 31(4)
Jurisdiction:
England and Wales
Judicial Review, Human Rights, Damages
Updated: 08 May 2022; Ref: scu.85950