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The Committee considers that, in the light of the judgments of the European Court of...

Conclusion
The Committee considers that, in the light of the judgments of the European Court of Human Rights in the Hammerton and SW cases, it cannot realistically be argued that section 9(3) would be compatible with Article 24 13 if it were amended in the very limited manner that the government proposes. There would continue to be occasions where Article 13 would require damages to be available for a breach of the Convention resulting from a judicial act, but where the limited exceptions in section 9(3) would not apply. (Conclusion, Paragraph 77)
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age 0.6 yr
Report published 27 Oct 2025