Denning wrote:Hairyloon, thanks for the simplification.
[Section 7 of the Human Rights Act 1998]
(1)A person who claims that a public authority has acted (or proposes to act) in a way which is made unlawful by section 6(1) may—
(a)bring proceedings against the authority under this Act in the appropriate court or tribunal, or
(b)rely on the Convention right or rights concerned in any legal proceedings,but only if he is (or would be) a victim of the unlawful act.
(2)In subsection (1)(a) “appropriate court or tribunal” means such court or tribunal as may be determined in accordance with rules; and proceedings against an authority include a counterclaim or similar proceeding.
[Section 9 of the Human Rights Act 1998]
9 Judicial acts.
(1)Proceedings under section 7(1)(a) in respect of a judicial act may be brought only—
(a)by exercising a right of appeal;
(b)on an application (in Scotland a petition) for judicial review; or
(c)in such other forum as may be prescribed by rules.
(2)That does not affect any rule of law which prevents a court from being the subject of judicial review.
(5)In this section—
“court” includes a tribunal;
“judge” includes a member of a tribunal, a justice of the peace (or, in Northern Ireland, a lay magistrate)] and a clerk or other officer entitled to exercise the jurisdiction of a court;
“judicial act” means a judicial act of a court and includes an act done on the instructions, or on behalf, of a judge; ...
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