I realise that you have 1 year to bring a claim under the Human Rights act but is it not possible to do it in such a way you get two bites of the same cherry?
For instance, you make a claim against the police for breach of PACE that does not necessarily give rise to a tort. So instead you decide to make a claim under the human rights act. Let me say article 8 for instance as there is almost no existing tort in respect of it. However, the wrong the police did was over a year ago, so you are effectively barred from bringing a claim under the HRA.
So you sue in county court. You lose.
Can you then use the decision of the county court to bring a new claim under the human rights act, effectively resetting the 1 year clock. Or must you appeal first all the way up to the supreme court first?
Sorry if I have not explained myself clearly here.