The draft Human Rights Act 1998 (Remedial) Order 2019 provides a remedy where individuals would be deprived due to the need to uphold the independence of the judiciary.
Section 9(3) of the Human Rights Act sought to preserve the
balance between individual rights and judicial immunity. However, it was found
to be incompatible with Art 13 of the European Convention on Human Rights, in Hammerton
v UK 2016 (Application No 6287/10). The case concerned a man imprisoned for
contempt of court for a longer time than he would otherwise have served due to
a judicial act that denied him his Art 6 right to a fair trial by depriving him
of legal representation.
The draft Order removes the bar on courts awarding damages to
individuals where s 9(3) applies.
In its second report on the draft Order, published this week,
the Joint Committee on Human Rights welcomed the draft Order and recommended
that it be approved by both Houses of Parliament.
