Amendments to Civil Procedure Rules 199815
After rule 33.8, insert—
Human 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.