SRA Samples
A woman in the UK asserts that her rights under Article 8 of the European Convention on Human Rights (ECHR) have been infringed by a public authority.
Although she wishes to protest, she is unwilling to bring court proceedings under the Human Rights Act 1998 (HRA) against the public authority because of the publicity she might receive and because of the possible cost. The woman’s wealthy cousin is not affected by the alleged infringement but says she would be willing to bring proceedings on behalf of the woman.
Can the cousin bring legal proceedings as the woman’s representative under the HRA?
A woman in the UK asserts that her rights under Article 8 of the European Convention on Human Rights (ECHR) have been infringed by a public authority.
Although she wishes to protest, she is unwilling to bring court proceedings under the Human Rights Act 1998 (HRA) against the public authority because of the publicity she might receive and because of the possible cost. The woman’s wealthy cousin is not affected by the alleged infringement but says she would be willing to bring proceedings on behalf of the woman.
Can the cousin bring legal proceedings as the woman’s representative under the HRA?
No, because only a victim of the infringement can bring an action and the cousin is not a victim.
C - No, because only a victim of the infringement can bring an action and the cousin is not a victim.
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