Tort 7: BReach of statutory duty , HRA

Terms in this set (60)

Infringements can involve a variety of treatment of an individual which is objectionable in itself. The treatment may give rise to distress, anxiety, and, in extreme cases, psychiatric trauma. The primary object of the proceedings will often be to bring the adverse treatment to an end. If this is achieved is this enough to constitute " . just satisfaction" . or is it necessary to award damages to compensate for the adverse treatment that has occurred? More particularly, should damages be awarded for anxiety and distress that has been occasioned by the breach? It is in relation to these questions that Strasbourg fails to give a consistent or coherent answer.

R (KB) v South London and South and West Region Mental Health Review Tribunal [2004]

article 5(5) did not make an award of damages mandatory in such cases. It was complied with provided that it was possible to make an application for compensation; it did not preclude the contracting states from making the award of compensation conditional upon proof that procedural delay had resulted in damage.

damages are not recoverable in the absence of a deprivation of liberty, and that damages are recoverable for distress which may be inferred from the facts of the case. It follows that this court must itself determine the principles it is to apply

even in the case of mentally ill Cs, not every feeling of frustration and distress will justify an award of damages. The frustration and distress must be significant: 'of such intensity that it would in itself justify an award of compensation for non-pecuniary damage.
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