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Atlas · Act

RemedyAtlas

When a right is breached, what can a person actually obtain?

Reference, pending review

Remedies — appeal, judicial review, damages, injunctions, habeas corpus, complaints to an ombudsman or a UN treaty body — each with what it can achieve and what it requires.

Remedies

7 records
Remedies Compensation for a miscarriage of justice (England & Wales) Statutory compensation where a conviction is reversed on a new or newly discovered fact showing beyond reasonable doubt that there was a miscarriage of justice, as the statute now defines it. Criminal Justice Act 1988 s.133 Pending review Remedies Damages Money awarded to put the claimant, as far as money can, in the position they would have been in had the wrong not occurred. General law of contract and tort Pending review Remedies Habeas corpus A court order requiring a detained person to be brought before it so the lawfulness of the detention can be decided, and release ordered if it is unlawful. ICCPR art. 9(4) Pending review Remedies Individual communication to the UN Human Rights Committee A complaint that a state party to the Optional Protocol has violated a Covenant right, after domestic remedies are exhausted. The Committee adopts views; it is not a court and cannot award damages itself. ICCPR Optional Protocol arts. 1–5 Pending review Remedies Injunction A court order to do, or stop doing, something. Interim injunctions hold the position until trial. General equitable jurisdiction Pending review Remedies Judicial review (England & Wales) The High Court reviews the lawfulness of a public body's decision — illegality, irrationality, procedural unfairness — rather than its merits. Remedies include quashing, mandatory and prohibiting orders and declarations. Senior Courts Act 1981 s.31; CPR Part 54 Pending review Remedies Reference by the Criminal Cases Review Commission (England & Wales) The Commission may refer a conviction back to the Court of Appeal where there is a real possibility it would not be upheld, because of argument or evidence not raised at trial or on appeal. Criminal Appeal Act 1995 s.13 Pending review

Procedures

1 records
Procedures Bringing a complaint to the UN Human Rights Committee How an individual complaint under the ICCPR Optional Protocol proceeds. ICCPR Optional Protocol Pending review

Rights

1 records
Rights Compensation for a miscarriage of justice Where a final conviction is reversed or a pardon granted because a new fact shows conclusively a miscarriage of justice, the person punished shall be compensated according to law. ICCPR art. 14(6) Pending review

Treaties

2 records
Treaties Convention for the Protection of Human Rights and Fundamental Freedoms The European Convention on Human Rights and the European Court of Human Rights. Treaties Optional Protocol to the International Covenant on Civil and Political Rights Lets individuals bring communications to the Human Rights Committee after exhausting domestic remedies.

Statistics

LawStats Access to Justice 0 of 6 indicators have data

Recent events

  1. ICCPR-OP1 entered into force UN Treaty Collection ↗

Areas of law

Judicial Review Appeals & Judicial Review Damages Breach & Remedies Find a lawyer: Judicial Review Find a lawyer: Appeals & Judicial Review Find a lawyer: Damages Find a lawyer: Breach & Remedies

What we do not have yet

  • No legislation in the corpus is tagged with this domain's concepts yet.
  • No court decisions in the corpus are tagged with this domain's concepts yet.
  • None of this domain's statistical indicators has data loaded yet.

A gap is reported, not hidden: an empty section here means nothing is loaded, not that nothing exists.

Sources Cited instruments and treaty optional protocols