Emelia Bezant-Gahan and Tom Lambourne examine the dangers of relying on the court’s discretion to extend limitation under s7(5) of the Human Rights Act 1998
The High Court dismissed an application for damages under the Human Rights Act 1998 which was commenced outside the statutory limitation period.
The claimant in this case was a Kurdish Iraqi immigrant who had an application for asylum refused by the defendant, Thurrock Borough Council, in May 2017. After failing the defendant’s review process, the claimant was awarded a final weekly allowance and a travel warrant to go to the Home Office and apply for residual support before returning to Iraq.
The claimant was later told the necessary referral from the council had not gone ahead. As a result, he became homeless for a period of one week. On 1...