F1PART 19PARTIES AND GROUP LITIGATION
F2Human Rights
Rule 19.4A and cross-heading inserted (2.10.2000) by The Civil Procedure (Amendment No. 4) Rules 2000 (S.I. 2000/2092), rules 1, 8
19.4A
Section 4 of the Human Rights Act 1998
1
The court may not make a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998 unless 21 days' notice, or such other period of notice as the court directs, has been given to the Crown.
2
Where notice has been given to the Crown a Minister, or other person permitted by that Act, shall be joined as a party on giving notice to the court.
(Only courts specified in section 4 of the Human Rights Act 1998 can make a declaration of incompatibility)
Section 9 of the Human Rights Act 1998
3
Where a claim is made under that Act for damages in respect of a judicial act—
a
that claim must be set out in the statement of case or the appeal notice; and
b
notice must be given to the Crown.
4
Where paragraph (3) applies and the appropriate person has not applied to be joined as a party within 21 days, or such other period as the court directs, after the notice is served, the court may join the appropriate person as a party.
(A practice direction makes provision for these notices)
Pt. 19 substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rule 1(b), Sch. 2