PART 33MISCELLANEOUS RULES ABOUT EVIDENCE

F1Human Rights33.9

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.