Section 33.9

This rule applies where a claim is— 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 based on a finding by a court or tribunal that the claimant’s Convention rights have been infringed. The court hearing the claim— 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 may reach its own conclusion in the light of that finding and of the evidence heard by that other court or tribunal.

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Source: legislation.gov.uk · retrieved 2026-08-15