Section 1218(5)

Subsection (1) does not apply— if the act or omission is shown to have been in bad faith, or so as to prevent an award of damages in respect of the act or omission on the ground that it was unlawful as a result of section 6(1) of the Human Rights Act 1998 (c. 42) (acts of public authorities incompatible with Convention rights).

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Source: legislation.gov.uk · retrieved 2026-09-04