Source · Select Committees · Human Rights (Joint Committee)
Recommendation 30
30
Paragraph: 199
There is no need for domestic courts to be prohibited from, exceptionally, making a damages...
Conclusion
There is no need for domestic courts to be prohibited from, exceptionally, making a damages award that is more generous than that which would be made by the ECtHR. This prohibition should be removed from the Bill in favour of the existing general obligation to take into account the principles applied by the European Court of Human Rights in relation to the award of compensation (see Annex, Amendments 14 and 15).
Paragraph Reference:
199