The Civil Procedure Rules 1998 No. 3132 (L. 17)

PART 33 E+W MISCELLANEOUS RULES ABOUT EVIDENCE

[F1 Human Rights E+W

33.9— (1) This rule applies where a claim is—

(a) for a remedy under section 7 of the Human Rights Act 1998 in respect of a judicial act which is alleged to have infringed the claimant’s Article 5 Convention rights; and

(b) based on a finding by a court or tribunal that the claimant’s Convention rights have been infringed.

(2) The court hearing the claim—

(a) may proceed on the basis of the finding of that other court or tribunal that there has been an infringement but it is not required to do so, and

(b) may reach its own conclusion in the light of that finding and of the evidence heard by that other court or tribunal.]

Textual Amendments

F1 Rule 33.9 inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 15