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See Why must claims against the police for human rights act breaches be brought within 1 year?

If a public body acts contrary to one’s convention rights, what is the appropriate court in which to take action against them, and what form should be used?

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  • It depends on what the claim is for (e.g. just money or for an order of restitution etc) and its financial value - more or less than £10,000
    – user35069
    Feb 23, 2023 at 15:52

1 Answer 1

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The procedures on starting a claim are covered within Part 7 and Practice Direction 7A (PD7A) of the Civil Procedure Rules.

PD7A, at paragraph 3.1, states:

A claimant must use form N1 to start a claim under Part 7.

And at paragraph 2.11(1):

The normal rules apply in deciding in which court and specialist list a claim that includes issues under the Human Rights Act 1998 should be started. They also apply in deciding which procedure to use to start the claim;

There are a number of provisions and variations at PD7A (from para 2.1 to 2.11), but if the value of the claim is less than £10,000 one can submit it using Money Claim On Line MCOL.

Or, one can post Claim Form N1 to the County Court, remembering to answer the question on page 2:

Does, or will, your claim include any issues under the Human Rights Act 1998?

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