Policy background Terrorism Provisions (Part 5) Damages – Quantum
Part 5 introduces measures to require a court, in proceedings relating to national security where the Crown makes an application, to consider whether it is appropriate to reduce an award of damages to reflect relevant wrongdoing of the claimant of a terrorist nature.
	Although courts already have discretion under their inherent jurisdiction and in statute to ensure awards are just in all the circumstances, it is necessary to have a proper procedure so that all matters relevant in the context of terrorism are properly taken into account.
	In appropriate cases, the Crown will make an application to the court. The court will consider whether the claimant’s wrongdoing arising from their involvement in terrorism is relevant to the conduct of the Crown complained of and the factual matrix the terrorist element engendered and determine whether the appropriate outcome is for damages to be reduced or withheld altogether.
	The reform is not being pursued in relation to human rights claims, brought under Section 8 of the Human Rights Act 1998, as separate consideration is being given to the award of damages under that legislation as part of proposed wider human rights reforms which have been the subject of consultation. 2