Remedy
Start free

Section 9: Judicial acts.

Human Rights Act 1998 · 1998 c. 42View on legislation.gov.uk

Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—

by exercising a right of appeal;
on an application (in Scotland a petition) for judicial review; or
in such other forum as may be prescribed by rules.

That does not affect any rule of law which prevents a court from being the subject of judicial review.

In proceedings under this Act in respect of a judicial act done in good faith, damages may not be awarded otherwise than—

to compensate a person to the extent required by Article 5(5) of the Convention, or
to compensate a person for a judicial act that is incompatible with Article 6 of the Convention in circumstances where the person is detained and, but for the incompatibility, the person would not have been detained or would not have been detained for so long.

An award of damages permitted by subsection (3) is to be made against the Crown; but no award may be made unless the appropriate person, if not a party to the proceedings, is joined.

In this section—

  • "appropriate person" means the Minister responsible for the court concerned, or a person or government department nominated by him;

  • "court" includes a tribunal;

  • "judge" includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate) and a clerk or other officer entitled to exercise the jurisdiction of a court;

  • "judicial act" means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; and

  • "rules" has the same meaning as in section 7(9).

About this text

This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.