Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Personal injury definition

What does Personal injury mean? Personal injury describes harm to a person’s body or mind, as opposed to damage to property or pure economic loss. In practice it underpins civil claims in tort/delict, including negligence, occupiers’ liability, employers’ liability, product liability, road traffic accidents and clinical negligence. Across England & Wales, Scotland, Northern Ireland and Ireland, legislation (notably limitation statutes and, in Ireland, Personal Injuries Assessment Board legislation) commonly defines personal injuries to include disease and any impairment of a person’s physical or mental condition. Recognised heads therefore cover physical injury, industrial disease and psychiatric injury. Fatal injury claims are related but procedurally distinct. Key legal features...

HRA 1998 personal injury and clinical negligence: ECHR Articles 2 and 3 positive obligations in policing, local authorities, healthcare and custody; inquests; withdrawal of treatment

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Practice notes

The Human Rights Act 1998 (HRA 1998)

The Human Rights Act 1998 (HRA 1998) brings the rights set out in the European Convention on Human Rights (ECHR) into English law. A claimant may pursue proceedings under HRA 1998 against a public authority for infringing their Convention rights. There are situations where the Common law offers no solution yet a claim under HRA 1998 can be made, or where HRA 1998 enhances the remedies open to a claimant. Where the Act provides an additional Remedy, any damages awarded under it are not set off against sums recovered in a common law action, and vice versa. The same applies where damages in an HRA 1998 claim are recovered in addition to compensation paid by the Criminal Injuries Compensation Authority (CICA). For guidance on the possible effects of overlap between losses in a civil claim, a CICA claim and an HRA 1998 claim, see Practice Note: Personal injury claims under the Human Rights Act 1998—Deduction of damages from common law or CICA claims? Examples of where HRA 1998 has been applied in the personal...

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Web page updated on 21/05/2026

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