england-and-wales human-rights civil
What is the appropriate court for an action relating to a breach of the Human Rights Act 1998 (HRA)?
<p>See <a href="https://law.stackexchange.com/questions/89459/why-must-claims-against-the-police-for-human-rights-act-breaches-be-brought-with">Why must claims against the police for human rights act breaches be brought within 1 year?</a></p>
<p>If a public body acts contrary to one’s convention rights, what is the appropriate court in which to take action against them, and what form should be used?</p>

<p>The procedures on starting a claim are covered within <a href="https://www.legislation.gov.uk/uksi/1998/3132/part/7?timeline=false" rel="nofollow noreferrer">Part 7</a> and <a href="https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part07/pd_part07a" rel="nofollow noreferrer">Practice Direction 7A</a> (PD7A) of the Civil Procedure Rules.</p>
<p>PD7A, at paragraph 3.1, states:</p>
<blockquote>
<p>A claimant must use form N1 to start a claim under Part 7.</p>
</blockquote>
<p>And at paragraph 2.11(1):</p>
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<p>The normal rules apply in deciding in which court and specialist list a claim that includes issues under the Human Rights Act 1998 should be started. They also apply in deciding which procedure to use to start the claim;</p>
</blockquote>
<p>There are a number of provisions and variations at PD7A (from para 2.1 to 2.11), but if the value of the claim is less than £10,000 one can submit it using Money Claim On Line <a href="https://www.gov.uk/make-court-claim-for-money/make-claim" rel="nofollow noreferrer">MCOL</a>.</p>
<p>Or, one can post <a href="https://www.gov.uk/government/publications/form-n1-claim-form-cpr-part-7" rel="nofollow noreferrer">Claim Form N1</a> to the County Court, remembering to answer the question on page 2:</p>
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<p>Does, or will, your claim include any issues under the Human Rights Act 1998?</p>
</blockquote>
