Alseran and Others v the Ministry of Defence [2017] EWHC 3289 (QB) -- Human rights
 
In Alseran and Others v the Ministry of Defence [2017] EWHC 3289 (QB) Leggatt J adopted the following approach (paragraphs 937 onwards) :- 
 

• The first stage was to identify the injuries which the claimant has suffered as a result of the relevant breach of his Convention rights, keeping in mind, the requirement of a clear causal link between the damage claimed and the violation found by the court.

 

• The second stage was - having identified the injuries for which compensation is in principle payable,  Leggatt J then assessed the amount of compensation that would be awarded for those injuries in accordance with the principles of English law applicable to claims in tort.  The court was not precluded from taking account of these principles in cases of the present kind. 

 

• The third stage was - having assessed the damages in accordance with the principles applicable to a claim in tort in English law, Leggatt J would consider whether to depart from or adjust this sum having regard to wider considerations of what was just and equitable in all the circumstances of the case.

 

• The fourth and final stage of the assessment was been to ask whether there was any reason to think that the sum of money arrived at by this process was significantly more or less generous that the amount which the European Court could be expected to award if the English courts were to provide no redress and the claimant were then to seek just satisfaction from the European Court of Human Rights.