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The Human Rights Act 1998
19.2.7 When can a claim be brought?

Under Section 7(5) HRA proceedings must be brought within one year, or such longer period
as the court or tribunal considers equitable having regard to all the circumstances.

However, Section 7(5) HRA does not apply where a stricter time limit already exists. For
example, in judicial review applications the provision of Civil Procedure Rules Schedule 1
53.4(1) remains in force, with the result that an application for judicial review on the grounds
of or incorporating a claim under the HRA must be made promptly and in any event within
three months.

19.2.8 What happens if a claim is successful?

Powers of the court
Section 8 HRA defines the powers that courts or tribunals have in relation to the HRA.
Section 8(1) HRA states:
In relation to any act (or proposed act) of a public authority which the court finds
(or would be) unlawful, it may grant such relief or remedy, or make such order,
within its powers as it considers just and appropriate.

The breadth of these powers is the justification for the refusal by the Government to enact
in the HRA Article 13 of the Convention, which grants the right to an effective remedy of
Convention rights.

Many civil cases under the HRA will be brought as judicial review proceedings. Relief for
judicial review has always been discretionary, and the broad power on the court to grant such
relief that it considers just and appropriate under section 8(1) HRA ensures that relief will
continue to be discretionary in HRA cases.

Damages
Damages may only be awarded by a court that has power to award damages or compensation
in civil proceedings (Section 8(2) HRA).

Section 8(3) HRA states that no award for damages shall be made unless the award is
necessary to afford just satisfaction taking account of all the circumstances of the case
including, in particular:

Any other relief or remedy granted
The consequences of any decision in respect of that unlawful act.
Section 8(4) HRA requires that:

In determining –
(a) whether to award damages, or
(b) the amount of an award,
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