Taking Legal Action About Human Rights

Human rights are guaranteed rights that every person possesses, but how can you exercise them and put them into practice? The Human Rights Act of 1998 protects human rights in the United Kingdom. If a public authority (NHS or police) violates your human rights, you may be entitled to sue them in the UK courts under the Human Rights Act.

Taking legal action may be a time-consuming and nerve-wracking experience. However, it isn’t always the best option. It can also be costly. So, it’s crucial to remember that if you lose your case in court, you may be responsible for the opposing party’s legal fees, which might be huge. Understand that the court processes are available to everyone, and thousands of individuals effectively utilize them on their own each year.

Who Can File A Lawsuit Under The Human Rights Act?

Just the ‘victim’ of a human rights violation can file a lawsuit under the Human Rights Act, according to the law.

Any act that violates your rights is a violation of human rights. This includes purposeful inaction, like if you’ve been denied life-saving care, it is a violation of your right to life.

Remember that only public agencies have an obligation not to violate your rights under the Human Rights Act.

When Should You File for Complaint?

One must file a complaint with the court within a year of the act in question. However, based on the lawsuit you initiate, there may be harsher time constraints. For example, if you file a judicial review petition, you have three months to appeal.

If the courts believe it is fair, they can allow an application to be filed outside of the one-year deadline. However, you must demonstrate that you have a compelling justification for filing your lawsuit outside of the time restriction.

What Type Of Legal Action Are You Able To Take?

If you wish to file a claim under the Human Rights Act, you must first select which court you should go to. It will be determined by the nature of your lawsuit and the penalty you would like the court to impose.

Solutions

The kind of claims for damages to you is determined by the sort of court action you are pursuing. An injunction is a court order that directs a governmental authority to act in a specific way. Or the court will offer financial compensation. If your human rights have been violated, a court will not immediately mandate financial compensation. This is dependent on if the court believes you have experienced a loss for which you should be paid.

If you decide to go to court and seek judicial review, you should get advice from a friendly and knowledgeable expert solicitor, such as a Wembley Solicitor. We can help you with compensation claims for hit-and-run accidents, personal injury claims, and accidents at work claims. Check out fees to get started.