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On appeal from: [2011] CSIH 16.

Considers the procedure that should be adopted in respect for a claim for damages under the Scotland Act 1998 and Human Rights Act 1998 (where there has been an alleged infringement of a Convention right). Further, whether, on the approach to competency adopted by the Court of Session, the appellant had available an effective remedy in respect of the alleged breaches of EHCR, article 3. Whilst the Supreme Court would always be reluctant to interfere with a judgment of the Inner House on the question of competency, in this case the judgment was wrong in principle. Inter alia, so long as the rule that it is incompetent for a pursuer to ask for a decree in a lump sum for separate wrongs is not broken, the guiding principle is whether the way the action is framed is likely to lead to manifest inconvenience and injustice. There is no absolute rule one way or another.

For judgment, please download: [2012] UKSC 57
For Court’s press summary, please download: Court’s Press Summary
For a non-PDF version of the judgment, please visit: BAILII