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The Committee agrees with the Government that it is appropriate to rectify the incompatibility as...

Conclusion
The Committee agrees with the Government that it is appropriate to rectify the incompatibility as expeditiously as possible. Although Article 13 will only rarely require damages to be awarded as a result of judicial acts, it is undesirable that there should continue to be a legislative impediment to the award of damages in those unusual circumstances. As a matter of general constitutional principle, it is desirable for amendments to primary legislation to be made by way of a Bill. The Committee notes, however, the Government’s view that there is little prospect of finding a suitable Bill which could be used to make the amendment in the near future, and accepts that in the circumstances this may be a “compelling reason” to proceed by way of remedial order. (Conclusion, Paragraph 50)
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 0.6 yr
Report published 27 Oct 2025