A Practical Guide to Non-Pecuniary Damages in Human Rights Act Claims

Trying to calculate damages for your client? Is that offer reasonable? Are you simply navigating the volume of case law on just satisfaction in human rights claims? This book is your guide. This is a practical guide to a fundamental issue in claims made pursuant to the Human Rights Act 1998. The jurisprudence on damages has been described repeatedly as lacking coherence, discernible consistency or being so context-dependent that it is impossible to derive overarching principles. Whilst many domestic courts have attempted to grapple with the “working out”, your clients will want the final answer; how much? With that question in mind, this book aims to guide practitioners through the variety of contexts where non-pecuniary damages have been awarded, both in the United Kingdom or against the United Kingdom by the European Court of Human Rights (and occasionally straying a little further afield). This book is organised by the main right in issue, and further organised thematically. It highlights the principles established in the award of damages and provides a comprehensive anthology of most (if not all, at the date of publication) of the cases where non-pecuniary damages have been awarded to provide just satisfaction. ABOUT THE AUTHORS Saara Idelbi is ranked as a leading junior in Administrative and Human Rights Law in the Legal 500, and specialises in claims human rights, equality, and judicial review claims. She speaks regularly on her areas of expertise. Saara holds a Masters in Public Law and Human Rights, worked as judicial assistant in the UK and South Africa, and is an Advocacy Trainer at Gray's Inn. She is appointed to the EHRC's and Attorney General's B Panels, and is a Fee-Paid First Tier Tribunal Judge in the Health and Social Entitlement Chambers. Saara practises from 5 Essex Chambers. Paige Jones is a barrister at 5 Essex Chambers practising in public law and regularly deals with civil disputes between individuals and State authorities. Paige has a Master’s degree in International Human Rights Law and has worked with international development organisations and domestic charities on rights-based issues. CONTENTS Chapter One – Introduction Chapter Two – General Principles Chapter Three – Articles 2 and 3 Chapter Four – Article 4 Chapter Five – Article 5 Chapter Six – Article 6 Chapter Seven – Article 7 Chapter Eight – Article 8 Chapter Nine – Article 9 Chapter Ten – Article 10 Chapter Eleven – Article 11 Chapter Twelve – Article 12 Conclusion