SQE1 sample questions

Question 5

A woman in the UK asserts that her rights under Article 8 of the European Convention on Human Rights (ECHR) have been infringed by a public authority. Although she wishes to protest, she is unwilling to bring court proceedings under the Human Rights Act 1998 (HRA) against the public authority, because of the publicity she might receive, and because of the possible cost. The woman’s wealthy cousin is not affected by the alleged infringement, but says she would be willing to bring proceedings on behalf of the woman.

Can the cousin bring legal proceedings as the woman’s representative under the HRA?

A. Yes, because family representatives are specifically granted standing under the HRA.

B. Yes, because the HRA provides that proceedings may be brought by a representative where anonymity is a serious concern for the victim.

C. No, because only a victim of the infringement can bring an action and the cousin is not a victim.

D. Yes, because the court will be satisfied that the cousin, as a representative, is able to meet the expenses of the proceedings.

E. No, because a representative can only bring an action under the HRA where it replaces numerous individuals making identical claims.