Three of the country's senior judges have ruled that although Haringey LBC admitted it had acted unlawfully, the incidents took place prior to the 1998 Human Rights Act coming into
force last October.
In those circumstances master of the rolls, lord Philips, lord Pill and lady justice Arden backed an earlier high court decision and ruled that the Algerians are not entitled to
The appeal court ruled that the Human Rights Act provided that unlawful acts that had taken place prior to 2 October 2000 could not be used 'offensively' to base a claim for damages
for breach of convention rights, although they could be relied on by way of defence where the public authority was itself the claimant in, or the instigator of proceedings.
The judges said it would be extraordinary if claimants in judicial review proceedings were able to found a claim for damages for breach of convention rights on acts that had taken place
prior to the Act coming into force.
STRAND NEWS SERVICE