5
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)
Source
Committee
Human Rights (Joint Committee)
Report
8th Report - Proposal for a Remedial Order to amend the Human Rights Act 1998: Judicial Immunity
27 Oct 2025
HC 1406
Addressee Bodies
Ministry of Justice
Timeline
Recommendation age
0.6 yr
Report published
27 Oct 2025