Scottish Prison Mistake Not Covered By HR Act
Somerville and others v Scottish Ministers (HM Advocate General for Scotland intervening)
HL(Sc)
17 October 2007
Weekly Law Notes Summary
The time-limit in s 7(5) of the Human Rights Act 1998 did not apply to a claim for damages based on breach of a Convention right by a member of the Scottish Executive where the act or failure to act relied on was outside devolved competence and thus ultra vires in terms of the Scotland Act 1998.