JR Problem Question - Remedy

Question 1

In what depth should damages be considered and when will they be available?

Answer 1

The final issue you would (briefly) consider in a problem question is the potential remedies that will be offered (if relevant) in the given scenario. Note that the award of damages will only be considered in the event that the decision being challenged also (e.g. in addition to illegality, impropriety, or irrationality/unreasonableness) amounts to a tort or a breach of contract (including breach of ECHR rights per the HRA ss 6, 7 & 8).