Breach of Human Rights

A public authority may breach your human rights by: doing something which interferes with your rights, or. failing to act – for example, by not protecting you if your life is in danger.The main breach that tend to be relevant in our area of law are:

  • Article 2 – the right to life
  • Article 3 – prohibition of inhuman and degrading treatment
  • Article 5 – right to liberty
  • Article 6 – right to a fair trial
  • Article 8 – right to private and family life
  • Article 9 – right to freedom of thought / religion
  • Article 11 – right to peaceful assembly

If you think your rights have been breached, and you are considering taking legal action, you should act quickly. This is a very complex area of law so it’s important to get help an advice from a a team who have expertise in this area.

There is a time limit of 1 year in which to have the case issued in court.

A recent case involving a breach of Human Rights

We acted for a client who was unlawfully evicted from his home, assaulted during the course of that unlawful eviction and was then arrested by police. While we continue with a claim against Kent police for their part in the incident, we have in the meantime settled a Human Rights Act claim brought against the county court that granted a possession order to our client’s landlord, contrary to the government embargo on possession proceedings imposed as a result of the recent Covid crisis. The Ministry of Justice agreed to pay our client damages of £1,000 and his legal costs.

Photo by Markus Spiske