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Action under HRA1998 for deficiencies by High Court

Re: Action under HRA1998 for deficiencies by High Court

Postby NFH » Tue Oct 06, 2015 8:04 pm

In the absence of any barristers who would handle a combined human rights and family law case, I prepared the case myself. Unlike the usual 21-day time limit for appeals, Section 7(5)(a) of the Human Rights Act 1998 requires applications to be heard within 12 months.

Today at the Royal Courts of Justice, my application was heard by a very well-known judge in the Family Division of the High Court. When he suggested that I was out of time, I quoted Section 7(5)(a) of the Human Rights Act 1998 to him, which he looked up. He said that a court is not a "public authority" as defined by the Human Rights Act and therefore the legislation did not apply. He asked to borrow my bundle (as the court had lost his) and then he suddenly launched into handing down his judgment in which he refused permission to appeal, saying that Section 7 "has nothing to do with challenging a sovereign court" and that my application was therefore "doomed to failure". As soon as he had finished speaking and before I could even utter one syllable, he rushed out of the court room and the clerk handed back my bundle to me.

At my request, the clerk got him back in the court room again. Although I had remained calm and polite throughout, he then angrily told me that if I make a further appeal, then he will subject me to a civil restraint order. I then politely corrected a point of fact in his judgment, and before I could point out that Section 6(3)(a) of the Human Rights Act 1998 defines a "public authority" as including "a court or tribunal", he angrily said "I'm not listening to any more" and stormed out of the court room again. His clerk looked as shocked by his behaviour as I was.

The same judge was recused earlier this year for angry behaviour towards a litigant. How can I do the same and have my case reheard?
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Re: Action under HRA1998 for deficiencies by High Court

Postby Slartibartfast » Tue Oct 06, 2015 8:32 pm

(5)Proceedings under subsection (1)(a) must be brought before the end of—
(a)the period of one year beginning with the date on which the act complained of took place; or
(b)such longer period as the court or tribunal considers equitable having regard to all the circumstances,
but that is subject to any rule imposing a stricter time limit in relation to the procedure in question.

I suspect that the courts would perceive your application as a collateral attack upon a dispute which is res judicata. If a stricter time limit for appeal or challenge has passed by, then the bold text above is lethal to your prospects of success. Sorry.
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Re: Action under HRA1998 for deficiencies by High Court

Postby atticus » Tue Oct 06, 2015 8:41 pm

Only if you have a good reason. I cannot see that you have one.
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Re: Action under HRA1998 for deficiencies by High Court

Postby dls » Tue Oct 06, 2015 8:49 pm

Take a deep breath, write it all down, sleep on it. Make a very cool decision.
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Re: Action under HRA1998 for deficiencies by High Court

Postby NFH » Tue Oct 06, 2015 9:06 pm

Thanks for the helpful replies.

If the time limit is 21 days and not 12 months, then why did none of the many of the solicitors and barristers point this out when I enquired to them? It is also odd that the judge today even denied that the Human Rights Act 1998 applies to court decisions, which is clearly not true.

Procedures for action under the Human Rights Act seem to be remarkably badly understood by the legal profession.
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