SCHEDULES

SCHEDULE 1Civil legal services

C1Part 1Services

Annotations:
Modifications etc. (not altering text)

Breach of Convention rights by public authority

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1

Civil legal services provided in relation to—

a

a claim in tort, or

b

a claim for damages (other than a claim in tort),

in respect of an act or omission by a public authority that involves a significant breach of Convention rights by the authority.

2General exclusions

Sub-paragraph (1) is subject to—

a

the exclusions in Part 2 of this Schedule, with the exception of paragraphs 1, 2, 3, 4, 5, 6, 8 and 12 of that Part, and

b

the exclusion in Part 3 of this Schedule.

3Specific exclusion

The services described in sub-paragraph (1) do not include services provided in relation to clinical negligence.

4Definitions

In this paragraph—

  • “clinical negligence” means breach of a duty of care or trespass to the person committed in the course of the provision of clinical or medical services (including dental or nursing services);

  • “Convention rights” has the same meaning as in the Human Rights Act 1998;

  • “public authority” has the same meaning as in section 6 of that Act.