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    Enforcement & Remedies

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    Introduction

    1. Introduction: HRA 1998: Enforcement and Remedies

    The Human Rights Act gives Convention rights teeth in domestic courts. For a solicitor, it shapes how you challenge — or defend — the decisions of public bodies: whether your client even has standing to complain, whether the body owed them a duty, and what a court can realistically deliver if the right was breached. Knowing this regime turns a vague sense of unfairness into a properly framed claim with a realistic outcome.

    This lesson builds the picture piece by piece:

    1. Public Authorities and the Section 6 Duty — who is bound by the Act, the difference between core and hybrid bodies, and the elements of a claim.
    2. Victim Standing and Procedure — who is allowed to sue, who is shut out, and the time limit for bringing a claim.
    3. Interpretation and Horizontal Effect — how courts read legislation compatibly and how rights reach into disputes between private parties.
    4. The Section 6(2) Defence — when a public authority escapes liability because legislation left it no choice.
    5. Declarations of Incompatibility and Remedial Orders — what courts do when interpretation runs out, and how Parliament fixes the gap.
    6. Remedies and Damages — the relief a court can grant and how human rights damages are assessed.

    Next: 2. Public Authorities and the Section 6 Duty

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