EU law damages claims 2009 SLT (News) 215

2 November 2009

EU law can be used as the basis for monetary claims in the Scottish courts.  In an article entitled 'Claiming money from public authorities under European Union Law', Anna Poole of Axiom Advocates looks at ways in which EU law can be used in claims against public authorities.  She considers Scottish and other authorities which have proceeded on the basis of EU law, under the headings direct applicability, direct effect, indirect effect, and EU law compensation claims.  Together, these bases of claim are an effective mechanism for enforcement of EU law in the Scottish courts.

Anna also discusses why it is important to look at EU law bases of claim as well as those available under Scots and human rights law.  EU law may be a more potent basis of claim against a public authority.   It can provide causes of action which are not available under Scots law.  It can also require monetary awards to be at higher levels than human rights based claims.  

The article, published in the Scots Law Times (2009 SLT (News) 215), is based on a paper Anna gave as part of the Axiom Advocates' Third Thursday Series on 17 September 2009.