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Who can legally try a claim under the Human Rights Act 1998?

Re: Who can legally try a claim under the Human Rights Act 1

Postby atticus » Sat May 30, 2015 7:17 am

It does give gracious examples.
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Smouldering Stoat » Sat May 30, 2015 9:36 am

God save our gracious examples.
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Hairyloon » Sat May 30, 2015 10:04 am

Denning wrote:A provision of Practice Direction 2B states:
Human Rights
7A A deputy High Court Judge, a Master or District Judge may not try –
(1) a case in a claim made in respect of a judicial act under the Human Rights Act 1998, or
(2) a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998.

Is there any authority as to the exact meaning of the words "may not"?

I am inclined to suggest that you might be better asking the meaning of the words "judicial act"... or perhaps indeed, the meaning of the whole sentence.
Thinking about it though, if I've understood correctly then your title is wrong...
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Denning » Sat May 30, 2015 3:18 pm

Hairyloon wrote:
Denning wrote:A provision of Practice Direction 2B states:
Human Rights
7A A deputy High Court Judge, a Master or District Judge may not try –
(1) a case in a claim made in respect of a judicial act under the Human Rights Act 1998, or
(2) a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998.

Is there any authority as to the exact meaning of the words "may not"?

I am inclined to suggest that you might be better asking the meaning of the words "judicial act"... or perhaps indeed, the meaning of the whole sentence.
Thinking about it though, if I've understood correctly then your title is wrong...

Yes, I accept your suggestions.

I would like to have opinions from others here, possibly with examples, as to the meaning of the words "judicial act" as well as to the legal meaning of the sentence that a deputy High Court Judge, a Master or District Judge may not try:
(1) a case in a claim made in respect of a judicial act under the Human Rights Act 1998, or
(2) a claim for a declaration of incompatibility in accordance with section 4 of the Human Rights Act 1998
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Re: Who can legally try a claim under the Human Rights Act 1

Postby atticus » Mon Jun 01, 2015 3:29 pm

This seems to sum it up.

Judicial act: an act involving the exercise of judicial power; especially : one that determines controversies or questions of right or obligation.
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Denning » Wed Jun 03, 2015 4:28 pm

So how will you define the word "try" in the contest of the whole passage?

For example would you consider "try" to be the substantive hearing or to include permission stage as well?
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Re: Who can legally try a claim under the Human Rights Act 1

Postby atticus » Wed Jun 03, 2015 4:33 pm

I will define the word "try" in the context of the whole passage as being to conduct the trial of the claim or action.

Maybe others will define the word differently..
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Denning » Wed Jun 03, 2015 6:02 pm

Thanks.

Do you know of any case law where the interpretation of "try" could have been considered? I asked this because if the interpretation could be only for substantive hearing then many of the determinations made by the court on papers could offend Article 6.
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Re: Who can legally try a claim under the Human Rights Act 1

Postby atticus » Wed Jun 03, 2015 6:07 pm

Have you drawn a blank with your own researches?
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Re: Who can legally try a claim under the Human Rights Act 1

Postby Hairyloon » Wed Jun 03, 2015 10:55 pm

Perhaps try rephrasing the passage?
Human Rights
7A A deputy High Court Judge, a Master or District Judge may not try –
(1) a case in a claim made in respect of a judicial act under the Human Rights Act 1998...

How about:
Where an alleged breach of the Human Rights Act relates to the exercise of judicial power, that claim may not be tried by a deputy High Court Judge, a Master or District Judge.
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