ANNEX C: Detailed explanatory note for Part 1 of Schedule 1 Paragraph 22: Breach of Convention rights by public authority
890.Sub-paragraph (1) brings within the scope of civil legal aid services in relation to a claim in tort and other claims for damages in respect of an act or omission by a public authority which involved a significant breach of Convention rights.
891.Sub-paragraph (2)(a) applies the exclusions in Part 2 with the exception of those in relation to personal injury or death, a claim in tort in respect of negligence, a claim in tort in respect of assault, battery or false imprisonment, a claim in tort in respect of trespass to goods, a claim in tort in respect of trespass to land, damage to property and a claim in tort in respect of breach of statutory duty. It also provides an exception to the general exclusion in paragraph 12 of Part 2 for a damages claim for breach of Convention rights by a public authority to the extent that the claim is made in reliance on section 7 of the Human Rights Act 1998. Sub-paragraph (2)(b) applies the exclusion in Part 3 of Schedule 1.
892.Sub-paragraph (3) excludes services provided in relation to clinical negligence.