Chapter 5 Multiple choice questions

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1. Match the institution granting a remedy with the type of issue.

High Court (Administrative Court).

Mental patient detained in hospital allegedly in breach of Article 5. Public authority exercising a statutory power in a way that breaches Convention rights. An employee claiming his dismissal was unfair in terms of employment protection legislation, because it was based on the employer interfering with his private life. An individual claiming that a civil service department treated her in a degrading manner in possible breach of Article 8. Independent broadcasting company allegedly violating a person's right to respect for private life.

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Ofcom.

An employee claiming his dismissal was unfair in terms of employment protection legislation, because it was based on the employer interfering with his private life. An individual claiming that a civil service department treated her in a degrading manner in possible breach of Article 8. Independent broadcasting company allegedly violating a person's right to respect for private life. Mental patient detained in hospital allegedly in breach of Article 5. Public authority exercising a statutory power in a way that breaches Convention rights.

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First Tier Tribunal (Mental Health)

Independent broadcasting company allegedly violating a person's right to respect for private life. Mental patient detained in hospital allegedly in breach of Article 5. Public authority exercising a statutory power in a way that breaches Convention rights. An employee claiming his dismissal was unfair in terms of employment protection legislation, because it was based on the employer interfering with his private life. An individual claiming that a civil service department treated her in a degrading manner in possible breach of Article 8.

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Employment tribunal.

Public authority exercising a statutory power in a way that breaches Convention rights. An individual claiming that a civil service department treated her in a degrading manner in possible breach of Article 8. Independent broadcasting company allegedly violating a person's right to respect for private life. An employee claiming his dismissal was unfair in terms of employment protection legislation, because it was based on the employer interfering with his private life. Mental patient detained in hospital allegedly in breach of Article 5.

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Ombudsman (Parliamentary Ombudsman)

An individual claiming that a civil service department treated her in a degrading manner in possible breach of Article 8. Public authority exercising a statutory power in a way that breaches Convention rights. Independent broadcasting company allegedly violating a person's right to respect for private life. Mental patient detained in hospital allegedly in breach of Article 5. An employee claiming his dismissal was unfair in terms of employment protection legislation, because it was based on the employer interfering with his private life.

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2. Which of the following would be able to bring a case before the European Court of Human Rights (ECtHR) and, therefore, also before a UK court under HRA 1998? Please select all that apply.

An English local authority. correct incorrect

A pressure group for the environment. correct incorrect

A multinational company claiming that its use of its own property has been restricted by government action in breach of Article 1 of the First Protocol. correct incorrect

A failed asylum seeker staying on illegally in the United Kingdom who claims he has been beaten up by private security operatives working for the government. correct incorrect

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3. Which of the following statements about the approach of UK courts to the award of 'just satisfaction' (damages) are correct? Please select all that apply.

A financial award (just satisfaction) is discretionary and not a right. correct incorrect

Where a court thinks it is appropriate to award a financial remedy, it applies normal tort principles in assessing how much to award. correct incorrect

Exemplary damages can be awarded for breach of a Convention right. correct incorrect

'Just satisfaction' for a breach of Article 6 can be awarded even though identifying what, if anything, the claimant has suffered might require guessing whether the outcome of the trial was wrong. correct incorrect

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4. Match the section of the Human Rights Act 1998 with the section's basic provisions.

Section 7.

The legal rules indicating the circumstances in which individuals can, in court, assert their right to a remedy, under section 7, against a public authority that has acted incompatibly with a Convention right. The legal rules creating rights of individuals to bring actions against public authorities that have violated their duty to act compatibly with the scheduled Convention rights. The remedies available to a court for a breach by a public authority of its duty to act compatibly with Convention rights. The duty of a public authority to act compatibly with the scheduled Convention rights, unless putting an incompatible, but valid, Act of Parliament into effect.

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Section 8.

The legal rules indicating the circumstances in which individuals can, in court, assert their right to a remedy, under section 7, against a public authority that has acted incompatibly with a Convention right. The duty of a public authority to act compatibly with the scheduled Convention rights, unless putting an incompatible, but valid, Act of Parliament into effect. The legal rules creating rights of individuals to bring actions against public authorities that have violated their duty to act compatibly with the scheduled Convention rights. The remedies available to a court for a breach by a public authority of its duty to act compatibly with Convention rights.

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Section 9.

The duty of a public authority to act compatibly with the scheduled Convention rights, unless putting an incompatible, but valid, Act of Parliament into effect. The remedies available to a court for a breach by a public authority of its duty to act compatibly with Convention rights. The legal rules indicating the circumstances in which individuals can, in court, assert their right to a remedy, under section 7, against a public authority that has acted incompatibly with a Convention right. The legal rules creating rights of individuals to bring actions against public authorities that have violated their duty to act compatibly with the scheduled Convention rights.

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Section 6.

The duty of a public authority to act compatibly with the scheduled Convention rights, unless putting an incompatible, but valid, Act of Parliament into effect. The legal rules indicating the circumstances in which individuals can, in court, assert their right to a remedy, under section 7, against a public authority that has acted incompatibly with a Convention right. The legal rules creating rights of individuals to bring actions against public authorities that have violated their duty to act compatibly with the scheduled Convention rights. The remedies available to a court for a breach by a public authority of its duty to act compatibly with Convention rights.